There are many reasons why couples in New Jersey divorce. Adultery or extramarital affairs are consistently among the top reasons reported for modern divorce filings. Infidelity devastates the trust and respect between spouses. It can also lead to a very contentious and messy divorce process.
People preparing for a divorce related to infidelity need to know what to expect from that process. How can adultery affect divorce in New Jersey?
Effects on uncontested no-fault divorces
Many couples prefer to resolve divorce issues outside of court. Some have prenuptial agreements that can guide the process. Others may negotiate with one another to settle all important terms. Infidelity can potentially impact what one spouse demands from the other and the concessions that the unfaithful spouse decides to make. Couples may feel strongly about settling outside of court so that complaints related to adultery don’t become part of the public record.
Effects on litigated no-fault divorces
Most couples file for no-fault divorce even when the behavior of one spouse is clearly the underlying cause of the divorce. During no-fault divorce proceedings, New Jersey judges apply state statutes to property division, financial support and custody matters. Typically, allegations of infidelity have minimal, if any, impact on the judge’s determinations. Only in cases where one spouse has clear proof of wasteful spending on an affair does adultery tend to impact the term set by the judge. Adultery usually does not influence the right to alimony or child custody terms.
Effects on fault-based divorces
Adultery is one of the grounds for a fault-based divorce. If one spouse can prove that the other was unfaithful, their divorce proceedings can be more complex than no-fault divorces. When there is clear evidence of infidelity or an admission of fault, the courts may ultimately determine that one spouse is to blame for the breakdown of the marriage. The financial impact of that fault and also the mental health consequences of the infidelity on the faithful spouse can sometimes influence a judge’s determinations in a fault-based divorce.
Discussing marital circumstances with a skilled legal team can help people determine the best path forward when they want to divorce because of infidelity. For many people, no-fault divorces are a faster, more cost-effective solution than demanding accountability in a fault-based divorce filing.
