Legal Question in Family Law in New Jersey
How does adultery in a marriage affect the outcome of any court proceedings.
How does adultery in a marriage affect Divorce proceedings in court? Does it determine whether the adulterer is entitled to equitable distribution or how assets are divided upon Divorce Finalization? Can adultery in a marriage speed up the divorce proceedings or are you still required to give 18 months for final divorce?
2 Answers from Attorneys
Re: Impact of adultery on divorce proceedings
Except in the case where one spouse is disputing whether or not a divorce should occur, it really does not matter from a property settlement standpoint, whether or not the adultery occurred. Nor does it usually affect parenting time or custody. The only thing that adultery does, from a legal standpoint, is give the other spouse the right to obtain a divorce. All other issues involved in the marriage are determined based on the financial abilities and needs of the parties and, with regard to the children, based on their best interests. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: How does adultery in a marriage affect the outcome of any court proceedings.
In my experience, adultery is simply grounds for divorce. It does not impact upon the financial issues or issues relating to children, Usually, adultery at the end of a long marriage is not viewed as related to the issues of alimony and equitable distribution of marital assets.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com