Does Adultery Affect the Outcome of a Divorce in New Jersey?

There are few things more devastating to a marriage than adultery. This is why, understandably, many spouses ask us if they should tell the court about their spouse’s cheating. This is a very sensitive question, for obvious reasons, however, in most cases, the answer is no. Please continue reading and reach out to our experienced New Jersey divorce attorneys to learn more about the divorce process and how our firm can help you through it. Here are some of the questions you may have:

Why should I not tell the courts about my spouse’s infidelity?

Many spouses who have been victims of infidelity feel it is only right for the court to know why they are moving to divorce their spouse. On a very human level, we can absolutely understand why. However, the truth is, citing fault grounds will give your spouse a chance to deny those accusations, which generally creates a far longer, more hostile experience, and it will rarely tip the outcome of your divorce into your favor. That is why, under most circumstances, our firm will advise you to simply file a no-fault divorce.

Are there any circumstances under which citing adultery may benefit me?

There are certain select circumstances wherein citing adultery may help the outcome of your divorce. Below, we have outlined some of the most common divorce-related issues and have discussed whether citing adultery will affect them.

• Division of Assets: Division of assets, or equitable distribution, is the process by which the courts decide who is entitled to the marital property accumulated over the course of your marriage. Generally, the equitable distribution process will not be impacted by citing fault grounds in New Jersey.
• Child Custody and Child Support: In most cases, child custody and child support terms also will not be affected by citing adultery, however, if you can prove that your spouse endangered the well-being of your child while committing an act of adultery, your child custody arrangement may be adjusted accordingly.
• Alimony: This is one facet of your divorce that may, in fact, be impacted by citing adultery as a fault ground. If you are the financially dependent spouse and you cite adultery, there is a chance that the courts may order your spouse to pay out more alimony, however, this is far from a guarantee, and whether or not it will, in fact, impact the outcome of your divorce is largely dependent on the specific circumstances of your situation.

Contact our experienced New Jersey firm

If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Lazor Rantas, PC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.