There is nothing more damaging to a marriage than infidelity. Unfortunately, many spouses make this decision, leading to the end of their marriages. That said, if your spouse cheated on you and you now want to get divorced, you’re probably looking to hold your spouse accountable for their actions, particularly in the courtroom setting. After all, if your spouse is the one responsible, why should they be entitled to your possessions? Why should their reputation go untarnished? These are all fair questions, however, the extent to which infidelity in a marriage may impact the outcome of a divorce may surprise you. Please continue reading and contact an experienced Bergen County divorce lawyer from our firm to learn more.
Will courts rule in my favor if my spouse cheated on me?
When spouses get divorced, they can either choose to cite fault grounds or go through a “no-fault” divorce. Among the citable fault grounds are desertion, physical or mental cruelty, and adultery. So, while you absolutely can cite your spouse’s infidelity as the reason for your divorce, the truth is that courts in New Jersey tend to care very little about infidelity when it comes to determining a final judgment of divorce. In fact, citing fault grounds on the basis of adultery may even backfire and end up costing you more of your time and money, as your spouse has the chance to rebut your accusations.
Typically, infidelity will not impact child support, child custody, property distribution, or alimony. The only instance in which adultery may impact child custody is if you can prove your spouse endangered the welfare of your child when committing the act of adultery. Another exception to property distribution or alimony is if you can prove your spouse was squandering marital funds on the affair. For example, if you can prove your spouse was taking luxurious vacations with the individual or showering them with expensive jewelry, you may have a case for the dissipation of marital assets.
While citing fault grounds typically is not the best move, every divorce is different, and so every divorce should be handled on a case-by-case basis. Ultimately, it’s always best to simply speak with a knowledgeable attorney who can assess the circumstances of your case and determine the best strategy going forward.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.