If your spouse was unfaithful, there is a very good chance you are now looking to get a divorce. Rather understandably, you may wish to point this out to the Court, as you would not be getting a divorce had your spouse not committed an act of adultery. In New Jersey, the causes of action for divorce are listed in N.J.S.A. 2A:34-2. Spouses have the option of either filing for a no-fault divorce or a fault-based divorce.
When filing for divorce, should you cite adultery as the grounds for divorce?
You should consult with Aronsohn Weiner Salerno & Kaufman, P.C. to determine the best course of action based on your individual circumstances. In most circumstances, the answer to this question is no. Adultery is a fault-based ground for divorce, which means you must prove every element of adultery, including, but not limited to, the name of the person with whom the conduct was committed, or if not known, a description of the person, as well the time, place and circumstances under which the act or series of acts were committed. Therefore, it may be more difficult, costly and lengthy to prove a cause of action for a fault-based divorce.
Moreover, filing for divorce based on adultery may not necessarily provide you with a better outcome than filing for a no-fault divorce.
Below are four of the most common divorce-related issues. Here is how, if at all, citing adultery will affect their result:
- Equitable Distribution: Generally, adultery will not affect the equitable distribution of marital property.
- Child Custody: Generally, adultery will not impact child custody. If it has the potential to be dangerous or harmful to the child, it will be considered.
- Child Support: Adultery does not have a direct impact on child support considerations.
- Alimony and Spousal Support: Under certain rare circumstances, adultery may impact the amount of alimony you receive, especially if you can prove that your spouse was spending marital funds on the person with whom he or she was having an affair.
If you are looking to file for divorce and would like to speak with one of our experienced divorce lawyers, contact Aronsohn Weiner Salerno & Kaufman, P.C., and set up an appointment with one of our attorneys to discuss your options for filing for divorce.
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We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why 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.