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Does infidelity matter during a divorce?

On Behalf of | Sep 30, 2016 | Divorce

When someone cheats, it can break down the trust in a relationship, and it can be the reason you need to end your marriage. However, does adultery impact the divorce? Will it change the amount of alimony or division of your property? Will it affect who gets custody or visitation?

Adultery is only one of the grounds for divorce in New Jersey

Adultery is one of the grounds for divorce in New Jersey. However, there are other grounds for divorce available under the law. For example, if you have had irreconcilable differences for at least six months, you can seek a divorce. This is known as a “no-fault” divorce. Additionally, if you have been separated for at least 18 months, you can seek a divorce. These are just two examples of other grounds for divorce.

In limited circumstances, where one spouse is contesting the divorce and filing as a result of irreconcilable differences or separation is difficult, you may wish to file your divorce on adultery grounds. However, every situation is unique. An attorney can help you determine the appropriate grounds for your divorce that fit your specific situation and your goals.

Will it impact alimony, custody or the division of property?

Infidelity will not have an effect on support payments, custody or visitation rights. This is a common divorce myth, and many individuals wrongfully believe that cheating will change the amount of support paid or their rights as a parent.

However, if your spouse used marital property to support their affair, it could have an impact on the division of property in your divorce. In New Jersey, all marital property is equitably divided in your divorce. Your divorce lawyer can help you determine which property is marital and the equitable share you are entitled to in your case.


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