Teaneck Adultery Divorce Lawyer
Divorces can be high-stress situations and require decisions that can become overwhelming. From finding a new place to live, to the division of assets, and determining child custody agreements, the list of divorce-related tasks can appear daunting. When the reason for a divorce is your spouse’s adultery, the necessary legal proceedings can be even more upsetting.
Selecting the appropriate form of divorce is the critical first step to litigating your separation, and if your spouse was unfaithful to you during your marriage, you could qualify for an at-fault divorce. A Teaneck adultery divorce lawyer could counsel you on your legal options, advocate on your behalf, and help you through this difficult time.
New Jersey No-Fault Divorce Law
An experienced lawyer understands that every reason for filing for divorce is essential. Regardless of the reason for the divorce, New Jersey is a no-fault state. No-fault divorces are simple in the sense that they do not require a specific reason to justify the divorce. To constitute a no-fault divorce, one spouse must believe that the marriage is no longer viable as a result of “irreconcilable differences.”
This type of divorce differs from a claim of adultery because neither party needs to be considered at-fault for the divorce to occur. One or both parties seek a divorce under the no-fault law. While a divorce under this model might make the legal proceedings less emotional, but will still likely require the assistance of a qualified local attorney.
At-Fault Grounds for Divorce
Among the grounds for at-fault divorces in Teaneck, including adultery, are the following, according to New Jersey Revised Statute §2a:34-2:
- Willful desertion or abandonment;
- Physical cruelty;
- Mental cruelty;
- Alcohol abuse;
- Drug addiction;
- Institutionalization for mental illness;
- Imprisonment of the defendant;
- Deviant adult behavior.
These grounds are taken seriously by Family Division judges and would need to be proven in court during the divorce proceedings.
Divorce Based Upon Adultery
To satisfy the threshold requirements of a divorce based upon adultery, the filing party must name the person the other spouse committed adultery with, and support the accusation with specific details, including dates, times, and places of the affair. The non-spouse adulterer may be named as a co-respondent if the accusations include a claim for dissipation of martial assets to the benefit of the non-spouse adulterer. The co-respondent can appear in court to respond and contest the allegations.
Details supporting a divorce claim include harassment, emotional distress, seduction, flagrant promiscuity, or illicit cohabitation. A nearby attorney could help prepare the necessary supporting documentation for divorce, which typically involves utilizing investigative services to clearly document the details proving the adultery claim.
Contact a Teaneck Adultery Divorce Attorney Today
An attorney should be consulted specifically in adultery divorce claims because of their complexity. Because the co-respondent has the benefit of appearing in court to denounce the claims made against them, they are within their rights to file their own claims, such as one for intentional infliction of emotional distress, malicious prosecution, or defamation. Depending upon the allegation’s details, the co-respondent could claim that a false accusation of adultery is malicious, without probable cause, fictitious, or frivolous. Failing to consult an attorney before levying such accusations can cost both time and money to respond to and resolve the co-respondent’s claims.
A Teaneck adultery divorce lawyer could answer questions about the best way to accomplish your goals during your divorce proceedings and help you obtain the outcome you want in your case. Call today to schedule a consultation with one of our compassionate attorneys.