Essex County Adultery Divorce Lawyer
When filing for divorce in New Jersey, couples must. provide a legally acceptable reason for the court to dissolve their marriage. One of the most prominent legal explanations for couples filing an at-fault divorce is adultery. Not only is adultery grounds for ending a marriage, but it can also be one of the most devastating experiences for everyone involved. Although proving marital infidelity (or another type of fault) is no longer necessary for a couple in New Jersey to obtain a divorce, an extramarital affair could still potentially affect the outcome of a divorce case in many ways.
If you suspect that adultery could be a factor in your divorce proceedings, contact an Essex County adultery divorce lawyer today. A local divorce attorney could answer all your divorce-related questions and help you navigate the process with confidence. If you are the victim of marital misconduct, you deserve to be able to divorce with dignity and begin the next stage of your life.
The Impact of Adultery on Divorce
Adultery used to be a relatively common ground for divorce, but with the recent introduction of “no-fault” grounds for divorce in New Jersey, a court is likely to consider marital misconduct only to the extent that it has impacted a married couple’s finances.
Property Division & Alimony
Adultery could impact the division of marital property and determining alimony during divorce proceedings. For example, an adulterous spouse who spent marital assets by giving money, gifts, or paying for the expenses of the affair may receive a smaller share of marital property at the end of the proceedings. Additionally, the adulterous spouse may be ordered to pay a larger amount of alimony than otherwise would have been the case. An Essex County adultery divorce lawyer could work with forensic accountants and review the necessary paperwork to evaluate how many marital assets were depleted by a cheating spouse.
While an extramarital affair generally does not affect child custody considerations, it may come into play if the adulterous spouse’s extramarital partner is a registered sex offender, abuses drugs or alcohol, or is otherwise unfit to spend time around the child. As courts generally separate the obligations of marriage from the obligations of parenting, allegations of adultery should have no or very little impact on child custody determinations otherwise. There may eventually be issues regarding child alienation if one spouse attempts to spoil the relationship between the child and their other parent in the wake of adultery.
It is Important to Divorce for Adultery For The Right Reasons
Being the victim of adultery can be a humiliating experience, leaving one with a complex set of difficult emotions and sometimes a desire for justice and vengeance. However, unless the adulterous behavior was especially egregious, or secretly squandered a sizable amount of the marital estate, an adultery divorce lawyer might advise a divorcing spouse in Essex County to avoid all accusations of fault entirely. Claiming adultery in a divorce filing may not only arouse anger in the other party but also hinder the prospect of productive negotiations, potentially leading to a drawn-out process and larger legal fees.
However, it is important to collect and preserve any evidence of the extramarital affair that may be useful later in court. This includes bank records, text messages, GPS location data, and any other information that may have a bearing on alimony, child custody, and the division of marital property.
Speak with an Essex County Adultery Divorce Lawyer Today
Going through a divorce is never easy and ending a marriage that has been tainted by adultery can be even more fraught with emotion. These cases have specific and unique challenges and knowing how to address them requires knowledge and experience. Contact a seasoned Essex County adultery lawyer today for more information about your divorce options going forward.