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Can Infidelity Affect Divorce?

Our Hunterdon County Divorce Lawyers at Tune Law Group, LLC Will Help You Determine Your Path

New Jersey recognizes both fault-based and no-fault divorces. However, most spouses pursue no-fault divorces, citing irreconcilable differences as the reason for the dissolution of the marriage. In fault-based divorces, you must provide evidence proving your grounds.

Adultery is a common fault-based ground for divorce. However, infidelity will likely have minimal effect on the legal aspects of your divorce. In the past, issues like alimony and property division would have been impacted if a court found that one spouse committed adultery, but the laws in New Jersey have changed. The New Jersey Supreme Court directly addressed whether adultery would impact any alimony award. According to the court, adultery usually would not be factored into alimony.

Does Infidelity Impact Custody or Child Support?

Some spouses believe that infidelity will affect child custody or support. However, the court will consider the best interests of the child. Adultery does not make one a worse parent unless the parent does something that would put the child at risk and jeopardize their well-being. In most circumstances, evidence of an affair would have no bearing on the children’s best interests.

Similarly, adultery does not affect child support. Child support is based on statutory calculations that rely solely on income and expenses and not on any issue of fault.

Fault-Based Divorce Trials Can Be Expensive and Contentious

It can be costly and contentious to go through a trial for a fault-based divorce. If you are alleging a fault-based divorce, you are the one who has the burden of proof. Often, there is a high burden that you must meet to prove adultery. You would need to have specific evidence that shows your spouse committed adultery. You may wait for the applicable period to resolve the divorce amicably. An experienced divorce lawyer will advise you on the strategy for your case and whether any unusual factors may make it in your best interest to pursue a fault-based divorce.

Our Hunterdon County Divorce Lawyers at Tune Law Group, LLC Will Help You Determine Your Path

Our Hunterdon County divorce lawyers at Tune Law Group, LLC will provide objective legal advice tailored to your unique situation. We will explain your options for pursuing a fault-based or no-fault divorce. The first step to getting the legal help you need is to call us at 908-434-1061 or complete our online form to schedule a free consultation. Located in Whitehouse Station, New Jersey, we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.

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