Divorce is never easy, but when adultery is involved, emotions can run even higher. While infidelity can play a role in divorce proceedings, it is not always in the way most people expect.
While some states impose harsh penalties for cheating spouses, New Jersey follows a more balanced approach. Understanding how adultery affects divorce outcomes – especially in areas like alimony, asset division and child custody – can help you navigate the process with clarity.
Adultery as grounds for divorce
New Jersey allows fault-based and no-fault divorces. Adultery is a recognized fault-based ground, meaning a spouse can file for divorce citing infidelity.
However, proving adultery requires evidence, such as witness testimony, financial records and digital communications. Filing on these grounds may provide emotional validation, but it does not necessarily lead to a more favorable financial settlement.
Financial impact of adultery
Adultery alone may not automatically affect spousal support amounts or marital property division. However, if a cheating spouse misused marital funds, such as spending excessively on gifts, vacations or secret accounts for an extramarital affair, the court may adjust financial awards accordingly.
Child custody considerations
Family courts in the Garden State prioritize the best interests of the child when determining custody arrangements. Adultery typically does not impact custody unless the affair directly affects parenting, such as exposing children to unsafe environments or neglectful behavior.
Navigating a divorce, especially when adultery or spousal misconduct is involved, can benefit enormously from a careful legal strategy. Having experienced guidance can help you understand your rights, gather necessary evidence and work to facilitate a fair outcome.