Union County Adultery Divorce Lawyer

Filing for divorce is never an easy choice. However, when a spouse has an extramarital affair, you may feel as though divorce is your only option. Our divorce attorneys understand the pain and frustration you are likely feeling and are available to offer compassionate support and legal guidance.

The New Jersey family courts recognize adultery as a valid grounds for divorce, but filing for a fault-based divorce requires specific steps. Meet with a Union County adultery divorce lawyer who can guide you through this challenging transition.

Infidelity and No Fault versus Fault Divorces

When spouses file for divorce, they can file on fault-based grounds or no fault. A no fault divorce, which is much more common, means neither spouse must establish wrongdoing by the other to obtain a divorce. In these cases, spouses can simply state they have irreconcilable differences.

The fault-based divorce process is complex and often more time-consuming. According to the N.S.J.A. § 2A:34-2, there must be specific legal grounds for the court to grant married couples a fault-based divorce. One such grounds is when a married person enters a sexually intimate relationship with someone outside of the marriage. A Union Country adultery divorce attorney can answer questions about applicable legal requirements and help determine whether filing for a fault-based divorce is the right choice.

Requirements to File for Divorce after Adultery

While no-fault divorce is by far the most common grounds for divorce, people seeking to dissolve a marriage because of adultery may want the court to consider their ex-spouse’s share of fault. To involve adultery as a factor in divorce proceedings, the spouse petitioning the court for divorce must file a complaint for divorce meeting the following requirements:

  • The name and address and address of both spouses and the location and the date of the marriage
  • Residency in New Jersey for a minimum of one year before filing
  • The reason for divorce. When the cause is adultery, the filing party must provide relevant information about the infidelity, including identifying who their spouse cheated on them with
  • Information about children born during the marriage, such as names, and dates of birth
  • Statements regarding any relief the individual filing the complaint is seeking and any previous legal actions between the spouses, if applicable

The family court judge is the only party with the legal authority to grant the divorce and make decisions regarding alimony, child custody, child support, and the division of marital property. However, if the couple can agree on vital aspects, such as custody and child support, the court will only need the written agreement before granting the final judgment of divorce.

In divorce cases involving an affair, it is unlikely that spouses can easily reach a fair agreement about dividing property and parental responsibilities. An adultery divorce lawyer in Union County could provide legal guidance, advocating for their client’s rights, wants, and needs during these proceedings.

Schedule a Consultation with a Union County Adultery Divorce Attorney

New Jersey is a no-fault divorce state. Thus, filing a complaint showing irreconcilable differences is the standard. While adultery is not a punishable crime, producing evidence of a spouse’s affair could affect the outcome of crucial decisions in the divorce process under certain narrow circumstances.

When you are considering filing for divorce because your spouse was unfaithful, you likely have many questions about how this infidelity may affect divorce proceedings. A seasoned Union County adultery divorce lawyer understands the difficult times you face, as well as the legal standards relevant to these circumstances. Call Moskowitz Law Group now to hear from our supportive legal team.

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