Infidelity can have a significant impact on divorce cases in New Jersey, as it is one of the grounds for divorce recognized by the state. When one spouse cheats on the other, it can cause emotional pain, betrayal, and a loss of trust in the relationship. This can often lead to divorce proceedings and can significantly impact the outcome of the case.
New Jersey is a no-fault divorce state, meaning that spouses do not need to prove that one party is at fault for the breakdown of the marriage to obtain a divorce. However, the state recognizes adultery as one of the fault grounds for divorce. If one spouse can prove that the other committed adultery, it can impact several aspects of the divorce case.
Alimony and Spousal Support
One of the most significant impacts of infidelity in a divorce case is on alimony and spousal support. When a spouse cheats, it can be seen as a breach of trust and a violation of the marriage contract. In some cases, this can lead to the cheating spouse being ordered to pay a higher amount of alimony or spousal support to the innocent spouse as a form of compensation for the betrayal.
Child Custody and Visitation
Infidelity can also impact child custody and visitation arrangements. In New Jersey, the court determines custody based on the best interests of the child. If the cheating spouse’s behavior is seen as harmful to the child’s well-being or creates an unstable living environment, the court may award custody to the innocent spouse.
New Jersey is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, in a divorce. If one spouse spent marital assets on an affair or gave expensive gifts to their lover, the court may take this into consideration when dividing property. This can result in the innocent spouse receiving a larger portion of the marital assets.
To prove adultery in a divorce case, the innocent spouse must show that the other spouse engaged in sexual intercourse with someone else. It is not enough to show that the other spouse had an emotional affair or engaged in non-sexual behavior that betrayed the marriage. Evidence can include witness testimony, photos, emails, text messages, and other forms of proof.
It is also essential to consider the emotional toll that infidelity can take on both parties involved in the divorce. It can lead to bitterness, anger, and resentment, which can make it difficult to negotiate a fair settlement. It is crucial to work with a skilled divorce attorney who can help you navigate the legal process while also prioritizing your emotional well-being.
In some cases, infidelity can also impact the divorce proceedings’ length and complexity, as the innocent spouse may want to pursue the matter vigorously. It is essential to understand that while proving adultery can impact the divorce’s outcome, it may not necessarily lead to a more favorable settlement for the innocent spouse. It is crucial to assess the situation carefully and work with an attorney to determine the best course of action.
Infidelity can have significant consequences in divorce cases in New Jersey. It is essential to work with an experienced divorce attorney who can help you understand your legal options and guide you through the process. While proving adultery can impact the divorce settlement, it is also important to prioritize your emotional well-being and work towards a fair and amicable resolution.
As a law firm, Freeman Law Center, LLC. can help clients with the impact of infidelity on New Jersey divorce cases. We provide legal guidance and representation to clients who are seeking a divorce based on adultery, and we can assist clients who have been accused of adultery in a divorce case.
We understand that divorce involving infidelity can be emotionally challenging, and we provide support and guidance to our clients throughout the process. We work towards a resolution that prioritizes our client’s best interests and helps them move forward with their lives.
If you are going through a divorce involving infidelity in New Jersey, we can help. Our experienced attorneys can provide the legal representation and emotional support you need to navigate the process successfully. Contact us today to schedule a consultation.