Adultery often leads to divorce. As a result, you may be wondering if and how adultery will impact the outcome of your divorce. Read on to learn more about the ways in which adultery can affect a New Jersey divorce.
What are Grounds for Divorce?
In New Jersey, spouses can cite either “fault” or “no-fault” grounds for their divorce. No-fault grounds can be a result of physical separation for 18 consecutive months or more as well as irreconcilable differences for at least a year. Fault grounds are filed when a spouse commits certain misconducts, such as adultery.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
It is important to know that when a spouse commits adultery, you are not required to cite fault grounds for a divorce. In some cases, spouses may choose to go through a no-fault divorce so that they do not need to go through a legal battle. They may also choose to participate in alternative methods such as mediation, arbitration, or collaborative divorce to give themselves privacy more privacy. On the other hand, you can choose to cite adultery as a fault ground. Every divorce is different. You should speak with an experienced divorce attorney to determine what route is best for you and your unique situation.
Can Adultery Impact Divorce Proceedings?
Every divorce will end differently. The outcome of a divorce is dependent upon a number of things, including the circumstances, the duration of the marriage, and so on. Adultery can also have an impact on the outcome. The following are a few ways adultery may impact a divorce settlement:
- Division of Assets: When dealing with the equitable distribution, there is no impact due to fault vs. no-fault divorce.
- Alimony and spousal support: A spouse that commits adultery may receive less alimony or be mandated to pay a greater amount in alimony.
- Child custody: Marital misconduct may not impact custody unless the misconduct was potentially harmful to the child.
- Child support: The most common way adultery can impact this is through a trickle-down effect after receiving less parenting time as per the child custody agreement.
If you have any questions or concerns regarding divorce in New Jersey, contact our firm today. We are here to advocate for you and walk you through the process, each step of the way.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.