How Does Adultery Impact Divorce Proceedings in New Jersey?

If your marriage is ending due to adultery, you may be wondering what your divorce process will look like. Read on to learn more about how adultery might impact a New Jersey divorce.

What Are New Jersey’s Grounds for Divorce?

When going through a divorce in New Jersey, spouses can cite “fault” or “no-fault” grounds. In the event of physical separation for 18 consecutive months or more, or irreconcilable differences for at least a year, spouses may cite no-fault grounds. On the other hand, fault grounds can be filed when a spouse commits certain marital misconduct. This can include adultery. 

Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?

When a spouse commits adultery, neither party in the marriage is required to cite fault grounds in their divorce. In fact, many couples choose to cite no-fault grounds, even if the marriage is ending as a result of adultery. They may also choose to take part in various alternative methods such as mediation, arbitration, or collaborative divorce. This allows them privacy, as the grounds cited for divorce can be public record and may require proof. 

Can committing adultery affect the outcome of my divorce?

All divorces are different, and determining whether citing adultery will affect the outcome of your divorce is ultimately up to an experienced attorney. But, the following are some common ways adultery can affect divorce proceedings:

  • Division of Assets: In most cases, citing fault grounds will not impact the division of assets.
  • Child Custody: In most cases, child custody will not be affected by committing adultery, unless the act of adultery endangered the safety of your child in some way.
  • Child Support: As for child support, the only way in which it may be affected is if your spouse receives less parenting time in your child custody agreement, leading to an increase in child support.
  • Alimony: In certain cases, the adulterous spouse will either be awarded less alimony or will have to pay more in alimony, depending on whether they are financially independent or not.

If you have any questions or concerns regarding divorce in New Jersey and how adultery may impact divorce proceedings, contact our firm today to speak with an experienced divorce attorney. We are here to advocate for you and walk you through the process each step of the way.

Contact our experienced Ocean City firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.