What Happens in a Divorce When a Spouse Cheats?

Dec 5

Divorce is often an intricate process, and when infidelity comes into play, emotions and complexities can escalate. In this blog post, we'll explore the implications of a spouse cheating during a divorce, shedding light on legal aspects and emotional challenges. If you're dealing with this situation in New Jersey, understanding your rights and seeking the guidance of an experienced NJ divorce lawyer is crucial.

The Legal Landscape in New Jersey: Choosing A Fault-Based Divorce

In New Jersey, as in many other states, divorce laws provide the option for both no-fault and fault-based grounds. While New Jersey is considered a no-fault divorce state, meaning couples can file for divorce without necessarily assigning blame to either party, there is still an option to pursue a fault-based divorce, such as one based on adultery.

Filing a fault-based divorce for adultery may have the following benefits:

Grounds for Divorce: Adultery can serve as a clear and specific ground for divorce. If a spouse has engaged in extramarital affairs, the other spouse may choose to use adultery as the legal reason for the divorce.
Impact on Alimony: In some cases, fault-based grounds like adultery can influence the court's decisions regarding alimony in New Jersey. The spouse who can prove adultery may have a stronger case for more favorable alimony terms.
Emotional Satisfaction: For some individuals, pursuing a fault-based divorce can provide a sense of emotional satisfaction or closure. It may feel like a more transparent acknowledgment of the reasons for the marriage breakdown.

However, it’s important to consider possible drawbacks of choosing a fault divorce:

Complex Legal Proceedings: Fault-based divorces often involve more complex legal proceedings. Proving adultery may require presenting evidence, which can prolong the divorce process and increase legal costs.
Impact on Children: If child custody is a contested issue, focusing on fault grounds like adultery may introduce additional stress and tension. Courts generally prioritize the best interests of the child, and fault-based allegations might not heavily influence custody decisions.
Limited Impact on Asset Division: While fault can sometimes influence alimony, its impact on the division of assets may be limited. New Jersey follows equitable distribution principles, considering factors like financial contributions and length of the marriage.
Public Record: Fault-based divorces may involve airing personal details in a public forum. The proceedings and evidence presented become part of the public record, potentially impacting privacy.

Choosing between a no-fault and a fault-based divorce in New Jersey is a personal decision that involves considering the specific circumstances of the marriage. Consulting with a divorce attorney in New Jersey is crucial for understanding the legal implications and potential outcomes associated with each approach.

It's essential to weigh the emotional and financial costs against the potential benefits. While fault-based grounds like adultery can be emotionally charged, pursuing an amicable and no-fault divorce may often lead to a smoother, faster, and less contentious process. The decision ultimately depends on the priorities and goals of the individuals involved in the divorce proceedings.

Now that you understand your options when filing for divorce, let’s dive further into the factors that may be affected by your spouse’s infidelity.

Impact on Alimony

In cases of infidelity, the impact on alimony can be significant. When determining alimony, judges may consider various factors, and the conduct of the spouses during the marriage is one of them. If the infidelity of one spouse directly contributed to the breakdown of the marriage or resulted in financial consequences, the court might take this into account when deciding alimony arrangements. However, it's important to note that the impact of infidelity on alimony varies case by case, and courts ultimately strive to make decisions based on fairness and the specific circumstances of each divorce.

Property Division Considerations

The division of marital assets in New Jersey is generally based on equitable distribution, meaning that the court aims to divide assets and debts in a fair and just manner. Infidelity, in and of itself, may not be a direct factor that the court considers when dividing marital assets. However, if during the period of infidelity, one spouse misused marital assets, it could become a relevant consideration in the equitable distribution process. Misuse of marital assets might include situations where funds were spent on the affair, or assets were intentionally depleted or hidden. In such cases, the court may take this behavior into account when determining how to fairly distribute the marital estate, considering the impact of the misconduct on the overall financial situation of both parties. It's crucial to note that the court evaluates each case on its individual merits, and the influence of infidelity on asset division can vary depending on the specific circumstances of the divorce.

Child Custody and Visitation

New Jersey prioritizes the best interests of the child when deciding custody and visitation. Although infidelity is not a conclusive determinant in custody battles, the court may give it consideration if it has a discernible impact on the well-being of the children involved.

The court takes a comprehensive approach, assessing various factors that contribute to the child's overall welfare. If a parent's extramarital relationship introduces instability into the child's life or has a demonstrable negative influence, the court may take this into careful consideration when determining custody and visitation arrangements. This evaluation is conducted with the primary objective of ensuring a stable and nurturing environment for the child, promoting their emotional, physical, and psychological well-being.

The Emotional Toll

Beyond the legal ramifications, dealing with infidelity during a divorce is emotionally challenging. Both spouses often face feelings of betrayal, anger, and sadness. Navigating these emotions requires a delicate balance of self-care, support from friends and family, and potentially, professional counseling.

How a New Jersey Divorce Attorney Can Help

If infidelity becomes a factor in your divorce, seeking guidance from a New Jersey family law practice is crucial. An experienced attorney can provide a realistic assessment of how infidelity might impact your case, guide you through legal proceedings, and work to protect your rights and interests.

While New Jersey operates on a no-fault divorce system, infidelity can still have implications, especially in areas like alimony and child custody. If you find yourself in this situation, consulting with a knowledgeable New Jersey divorce lawyer can be instrumental in navigating the legal complexities and safeguarding your future. Remember, each divorce case is unique, and professional guidance can make a significant difference in achieving a fair and favorable outcome.

In the midst of the emotional turbulence that accompanies divorce, Hoffman Family Law stands as a steadfast ally, offering support and guidance to navigate the complexities of marital dissolution. Our NJ divorce lawyers & law firm is dedicated to providing not only legal guidance but also compassionate assistance throughout this transformative journey. Whether addressing legal intricacies or extending emotional support, Hoffman Family Law is committed to ensuring that individuals emerge from divorce proceedings with a sense of empowerment and a foundation for a brighter future. Your well-being is our priority, and we are here to lend a helping hand every step of the way. Contact us for a consultation.