Adultery and Divorce Union County New Jersey

Divorce and Family Attorneys helping clients throughout Union County, Essex County, and northern Middlesex County.

Adultery and Divorce Union County New JerseyNew Jersey is a no-fault state. This means that one is legally entitled to file for divorce under the auspices of irreconcilable differences, rather than needing to cite specific fault.

However, in the case of an affair, legally referred to as adultery, the emotional turmoil caused by the betrayal of a partner leads many spouses to seek legal counsel to learn whether their distress translates to a legal claim that would affect the divorce proceedings and settlement. Our legal team is experienced in providing support for a spouse who has been betrayed by a partner, by providing both quality information and legal services that render the greatest possible financial return for the emotional unrest caused by the betrayal.

Seeking legal support when your spouse has had an affair is recommended to provide maximum support in the separation, whether or not the affair has financial implications in the outcome of the divorce proceedings. Across New Jersey, our legal team at The Law Office of Edward Cooper can provide the counsel you need during this difficult time. We look forward to supporting you. Call our offices (908) 481-4625 to get the whole picture of your situation and the best way to proceed in your particular case.

Is it worth filing a divorce complaint claiming adultery or infidelity?

The specifics of the divorce settlement are affected when one spouse files a Complaint about Divorce in the Superior Court of New Jersey’s Family Division. A complaint about Divorce addresses such marital misconduct as adultery, physical or mental abuse – known as extreme cruelty, abandonment – known as willful desertion, drug addiction, mental illness, imprisonment, and criminal sexual activity.

While many victims of adultery may like to pursue a Complaint about Divorce for emotional vindication reasons — as upon filing for complaint and providing information regarding the affair participant, locations, and dates of infidelity, the affair participant is served a copy of the complaint and may appear in court with a hired attorney — often a legal team will advise against investing in such a pursuit, as the results of such cases rarely affect the distribution of shared assets.

Is alimony affected by the type of divorce complaint?

Alimony, the amount a spouse must pay out in the case of divorce or separation, may, however, more likely be affected by the presence of a Complaint for Divorce named as adultery.  While changes in 2014 to New Jersey law regarding the duration of alimony named 14 factors for determining this duration, and not one was the case of adultery committed by a partner, an affair can still affect alimony amount and duration. This is especially the case if it can be proven that the couple’s finances were adversely affected by the affair. In such a case, it may be ruled that the finances lost, hidden, or transferred would be included in the division of assets. Moreover, if the spouse involved in the affair is receiving financial support from their affair partner or living with them, they may forfeit their right to some alimony.

While affair may affect alimony or, in rare cases, distribution of assets, it likely does not affect child custody at all. There are many factors under New Jersey law that determine a child’s best interest in parental divorce. Only in specific and rare cases would an affair affect child custody; one example would be a case in which a spouse remains in a relationship with a convicted sex offender. In this and in the case that the person with whom the spouse is in a relationship has been convicted of child abuse, the court may determine that the child’s safety is put at risk by being in the vicinity of this person and may, therefore, grant custody to the other spouse.

Contact a Union County Divorce Attorney for a Consultation

In the case of a Divorce process, it is important to choose an attorney who is a good fit for you and your specific situation. If you and your partner are considering to put an end to your marriage relationship, you can count on The Law Offices of Edward Cooper to provide you with answers and trustful legal representation. Our years of experience in handling family law issues and divorce cases across New Jersey, make of our firm a great option for your decision. To speak with Edward Cooper today in an initial consultation regarding your divorce or any other Family Law related issue contact us online or through our NJ office at (908) 925-9055.