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Can I Get a Divorce If My Spouse Has Committed Adultery?

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If you discover your spouse has been cheating on you, your first instinct might be to file for divorce. But is adultery enough of a reason to file for divorce in New Jersey? It is, and you should talk to our Hillside divorce & family law attorneys before you move forward.

Is Adultery Considered Grounds for Divorce in NJ?

In New Jersey you can file for a fault divorce or a no-fault divorce. Adultery by one partner can be grounds for a fault-based divorce. You would have to prove that your spouse has been disloyal though. The court cannot simply take your word for it.

How Can My Spouse’s Adultery Affect How Assets Are Split Up?

In most cases, a spouse’s infidelity will not be a factor when deciding how money and other assets get split up in a divorce. The state of New Jersey attempts an “equitable distribution” of property in all divorces, even if one spouse has engaged in bad behavior.

There is one notable exception to this though. If you can show that your spouse spent an inordinate amount on their affair, or affairs, then you may be able to get a larger share of the marital assets. Maybe your spouse used your marital assets to buy property or expensive gifts for their paramour, or perhaps they used a significant amount of money to provide support in other ways, like paying their rent or car payment. This can be seen as a misuse of marital assets. They shrunk the pool of assets that could be split in a divorce, which means that they should be penalized when the marital property is distributed.

Can My Spouse’s Behavior Affect Child Support and Visitation Arrangements?

In most cases, your spouse’s infidelity also has little to do with any child support, custody, or visitation arrangements. Your spouse has a right to see their children, even if you feel like you have been mistreated by them. The court also thinks of the child’s best interest, and for the most part that means being able to see both of their parents. Unless your spouse’s adultery has somehow created a dangerous situation for your child

Does a Cheating Spouse Have to Pay More Alimony?

Alimony is calculated with the needs of the receiving spouse in mind. Something like one spouse cheating on another is not really going to be a factor in deciding how much alimony is paid or how long an alimony arrangement lasts. So if you were hoping to hold your spouse’s bad behavior against them in order to secure higher alimony payments, that is unlikely to happen.

Contact Our Lawyers Today

If you are ready to move forward with your divorce, contact Ross & Calandrillo, LLC. We can help guide you through the process and answer any questions that you have. Our experienced attorneys are ready to fight for you.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

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