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Does Adultery Affect Divorce in NJ

Posted by Carmine R. Villani | Jul 02, 2022 | 0 Comments

It is very rare that the act of committing adultery will have any tangible effect on the financial aspects of a New Jersey divorce proceeding. Adultery may be utilized as a basis for a complaint for divorce. In order to file under adultery, you would be required to serve the complaint for divorce on the party with whom your spouse had the affair. This could add additional costs to the divorce proceeding without any financial benefit.

New Jersey is a no-fault divorce state. What this means is that you do not need to state a specific reason to obtain a divorce, you are permitted to assert that the divorce is based on irreconcilable differences, which simply means that you and your spouse have grown apart. The only instances where having an affair might impact the financial aspect of the divorce proceeding is if you can demonstrate that the spouse who engaged in the affair committed marital waste by spending marital monies on non-martial purposes. If you can prove that your spouse's affair had an adverse effect on your finances as a family, you may be able to put forth a claim for reimbursement of the funds expended.

Infidelity also rarely plays a role in determining custody of the children unless your spouse has somehow exposed your child to what would be considered a dangerous type of person. The ultimate determination as to how child custody is determined is based on the best interests of the child standard. It unusual that a marital affair in and of itself will hinder that parent's custodial rights.

The divorce and adultery lawyers at Villani and DeLuca understand how hurtful it is when you have been betrayed by your spouse. We offer free initial consultations and would be happy to discuss with you in a private and discreet setting whether it would be in your best interests to proceed with a complaint for divorce alleging adultery as opposed to some other grounds for your divorce. We will explain to you the potential financial implications of such a decision. Call today to arrange for you consultation.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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