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Divorce in New Jersey-Adultery

Posted by Vincent C. DeLuca | Apr 07, 2021 | 0 Comments

There are many reasons why New Jersey couples seek divorce. Among those reasons is adultery, which occurs when one spouse cheats on the other. When a spouse decides to petition the court for divorce based on grounds of adultery, this is categorized as a “fault” divorce. In a fault divorce, the filing spouse places specific blame on the other for the marriage ending and must prove that the fault exists. Some grounds for a fault divorce include adultery, addiction, abandonment, and abuse. New Jersey also offers “no fault” divorce, which provides the generic reasoning of “irreconcilable differences” when filing. No fault divorces do not require the couple to give any particular reason for getting divorced, and usually do not entail the messy and stressful litigation that fault divorces often involve. In no fault divorce one spouse is not blamed for the marriage ending. Filing for divorce in New Jersey based on allegations of adultery can become complicated and the guidance from an experienced New Jersey divorce attorney may be beneficial. The team of family law attorneys at the law firm of Villani & DeLuca have a wealth of experience in assisting clients with proving allegations of adultery and successfully obtaining a divorce.

Aside from a spouse's infidelity being a reason in and of itself to seek a divorce, a spouse may choose to petition the court for a fault divorce in New Jersey because the Judge may potentially take the aggravating statutory factors into consideration when calculating alimony and other aspects of the final divorce terms. Due to the nature of alleging adultery in a divorce filing, the process of litigating the matter includes the petitioning spouse getting proof that they are being cheated on and providing it to the court. Perhaps the spouse discovered unsavory and inappropriate text messages between their soon to be ex and another person, or maybe they caught the spouse red handed in the act of cheating. Regardless of the circumstance, if the victim of adultery is able to successfully prove that infidelity existed in the marriage, the courts will consider these factors when determining the final outcome of the divorce.

Unfortunately, the process of obtaining proof of adultery is emotionally taxing and can be painfully difficult for the petitioning spouse. The New Jersey divorce lawyers at Villani & DeLuca are prepared to assist in gathering the necessary information for the courts and are equipped to guide you through each step of a New Jersey adultery divorce proceeding. Do not face this tough journey alone. Call for a free consultation today.

About the Author

Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...


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