Legal Question in Family Law in New Jersey

Adultery

Can I file for divorce in New Jersey because I have evidence my husband is commiting adultery even though we were married in Maryland and I have only been here for 1 month? I came to NJ with our baby against my will because my husband needed time to ''grow up'' and ''save money to take care of us''.. I begged to stay but he forbided (email confirmation) an said he would leave me and with the rent which I could not pay. My evidence is phone records of my husband calling the women whose name I know, at very late hours in the night. I have an email of him replying to questions of mine of how they laid in our bed and ''talked all night long'' while I was at my parents house. He admits kissing her in the e-mail. He claims he was not alone in the house when she slept over but the other couple were sleeping downstairs. Does this constitutes as the two types of evidence needed for proving adultery since she had the oppertunity (he admits her sleeping over) and admits he kissed her?


Asked on 10/02/06, 5:48 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Adultery

Adultery is the only ground for divorce for which

New Jersey does not require a year's residence. You only have to be a resident when you file a divorce complaint under this ground for divorce.

You can file immediately so long as you are now a

resident of New Jersey.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/02/06, 5:59 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Adultery

Based on what I read you can file for divorce in New Jersey. Is your husband here in New Jersey as well? You have to be resident which can be shown with a diver's license or some proof of residency.

If you file for divorce be prepared to also immediately seek temporary support.

Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/02/06, 6:52 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Adultery

As the other attorneys said, you can file right now. With regard to trying to prove adultery, I don't think this will be that big of an issue since most divorces settle. I suggest you meet with some attorneys to get an idea of what you are looking at, both in terms of the settlement and possible attorney's fees. My consultations are always free, so call me at 732/247/3340 and we can discuss your case.

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Answered on 10/02/06, 8:22 pm


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