Legal Question in Family Law in New Jersey

Re: Adultery & Child Custody Issues

New Jersey is an "equitable" state. That means, that, irregardless of the reason for the divorce, marital assets are divided on an equitable basis. No one gets punished for adultery. Adultery is a basis for seekign a divorce but you would have to prove it. There are other casues of action for divorce that may apply in your situation as well.

In NJ, the law is clear that you cannot take the children even out of state without the other parent's consent so taking them to Britain would have to be with the father's consent or you'd have to convince the Court why you need to take the children to Britain.

You should speak with an attorney as soon as possible.

Re: Adultery & Child Custody Issues

You cannot remove the children from New Jersey, let alone the country without the permission of the court. Of course, the adultery could be used to argue that his visitation should be impacted and thus, allow you to return home to the UK. One of the problems is that divorces are usually settled out of court and they rarely go to trial. Thus, the visitation of the children will likely be dealt with as part of the settlement unless you don't want to settle.

You have a unique case with some complex issues. I suggest you get a good attorney that explains everything up front and the pros and cons of all of your options. My consultations are always free, so call me at 732/247/3340 and we can discuss your options.

Good luck!

Re: Adultery & Child Custody Issues

In as much as England is a party to the Hague Convention which provides relief for parties denied custody or visitation with their children

you would be subject to an action filed in England for the return of the children to the United States. On the other hand, given the aforementioned protection of rights a Court hearing an action for divorce would not regard your return to England as placing the children beyond the laws of this country.

You can file for divorce from your husband in New Jersey so long as one of you has been a resident of New Jersey for a year preceding the

filing of the complaint for divorce.

Visitation could be that the children would come back to this country for an extended stay each year, usually in the Summer.

In New Jersey adultery is a ground for divorce but it does not usually effect financial issues.

Assets and liabilities would probably be split equally between the two of you and child support would be determined based upon the average, weekly income of each parent, using court child

support guidelines which apply in all of New Jersey. Of course the parent with residential custody does not actually pay out anything but receives child support.

You could file for divorce in New Jersey while living in England so long as your husband has a year's residence in New Jersey when you file the

action for divorce.

Usually, the practice is to file for divorce based on extreme cruelty, which in New Jersey

means irroncilable difference, instead of basing

the complaint upon adultery because a nasty divorce serves no purpose.

I would suggest that you begin to gather up all records or documents which relate the joint or separate assets, annual income and yearly earnings for the two of your for the past three to five years.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Adultery & Child Custody Issues

I have read what the other attorneys have said. It is quite true that a New Jersey Court would be liable to allow you to remove the children to be raised in England after you provide an explanation of your perfectly sound reasons for doing so. The Court would likely require that the children have extended summer vacation with him, and a week or two at other times.

Attorney Gary Moore, as usual, has set out a cogent reply; he seems to be a thoughtful advocate. I am located quite close to his office: we are both in Hackensack, New Jersey.

I am always troubled and saddened to hear of situations such as yours. It happens far too often, and far more often the husband is at fault. I do think that you should consult with an attorney to find out what your options are, then mull it over a bit before taking action. There might be some advantage in having your attorney contact your husband prior to filing the divorce action.

If you would like to discuss the matter, please feel free to give me a telephone call. The telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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