There are a variety of reasons as to why a couple may choose to end their marriage. Sometimes, it can simply be the result of the marriage breaking down and being unable to be fixed. On the other hand, some cases are due to actions of marital misconduct, such as adultery. When dealing with situations of adultery, spouses often wonder if the matter can impact their divorce proceedings. Continue reading below to learn more and contact a skilled New Jersey divorce attorney for guidance during this time.
What are Grounds for Divorce?
In New Jersey, spouses can cite either fault or no-fault grounds for their divorce. No fault grounds may be cited in situations of physical separation for 18 months or more as well as irreconcilable differences for at least a year. Fault grounds may be cited when a spouse commits certain misconduct. This can include adultery.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
When dealing with these situations, it is important to know that spouses are not required to cite fault grounds if adultery impacts their relationship. There are many times that spouses understand their marriage is ending and do not wish to drag out the process any further by battling to prove fault. This may lead them to cite no-fault grounds or participate in alternative methods such as mediation, arbitration, or collaborative divorce instead.
Can Adultery Impact Divorce Proceedings?
There are a variety of factors that go into the determinations of divorce proceedings. It is because of this that each case is different from one another. Adultery may impact proceedings in the following ways:
- Division of Assets: The equitable distribution of marital property is not impacted by the grounds of a divorce.
- Alimony and spousal support: In some cases, a spouse who committed adultery may be awarded less or be required to pay more in alimony.
- Child custody: Marital misconduct may impact custody if their child could have been potentially harmed in any way.
- Child support: This could be impacted through a trickle down effect after receiving less parenting time due to the child custody agreement.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.