Spouses may choose to go through a divorce for a variety of reasons. While it can sometimes be due to a breakdown of the marriage, it can also be caused by marital misconduct. In many situations, this can be adultery. When facing a divorce because of adultery, spouses often wonder if it will affect their divorce proceedings in any way. Continue reading and contact an experienced New Jersey divorce attorney to learn more.
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, no one is required to cite fault grounds for a divorce. When this happens, spouses may come to the realization that their marriage is ending and 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 instead.
Can Adultery Impact Divorce Proceedings?
The outcome of every divorce can be different than another one. This is because the nature, duration, and details of marital misconduct in the case factor into the proceedings. 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.
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.
