Oftentimes, when one spouse is unfaithful, it can cause the end of a marriage. Because of this, it is not uncommon for the spouse who was cheated on to consider mentioning the infidelity in a courtroom setting. After all, the marriage wouldn’t have ended, had it not been for the other spouse’s infidelity. That being said, in New Jersey, you have an option of filing either a fault-based divorce or a no-fault divorce, and there are some distinct differences between the two. Continue reading and speak with our New Jersey family law attorneys to learn more.
Should I cite the fault ground of adultery in my divorce?
Oftentimes, spouses are surprised to hear that in most cases, it is best to simply file a no-fault divorce instead of citing fault grounds, such as adultery. This is because when you cite adultery as the reason for your divorce, you give your spouse an opportunity to rebut your accusation. This typically results in a longer, more drawn-out divorce process, ultimately costing you more time, money, and headaches. Further, citing fault grounds, such as divorce, seldom impacts the outcome of a divorce. Read below to learn more about how citing adultery may impact each of the most important divorce-related terms:
- Equitable Distribution: When couples are in contested divorces, the court will equitably distribute their assets. In most cases, this is not a 50/50 split and is only determined after the court takes several factors into consideration. Typically, equitable distribution will not be affected by proof of adultery.
- Child Support: Child support is typically not impacted by proving an act, or acts, of adultery occurred.
- Child Custody: In most cases, adultery will not affect a child custody agreement, however, if you can prove that your spouse endangered your child in the course of his or her affair, it may affect your custody agreement.
- Alimony: Alimony is the most common aspect of a divorce that adultery may affect. For example, if you can prove that your spouse was squandering marital funds during his or her affair, courts may take this into account when determining your alimony agreement.
If you have any further questions, please do not hesitate to speak with our experienced New Jersey family law attorneys. We are here to help.
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