Legal Question in Family Law in New Jersey

Adultery in NJ

My wife has had an ''emotional'' affair with another guy for 7 months. I have found love letters and cards addressed to him from her and 100s of phone calls. She says they have not had a sexual relationship, but has admitted to sneaking around with him and kissing him. In NJ does there actually have to be proof of a sexual relationship to result in Adultery and can there be such a thing as an emotional affair. Thanks,

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Asked on 5/14/07, 4:22 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Adultery in NJ

The cause of action has nothing to do with any of the issues that may be decided. In some of the very aggravated adultery cases, it may have some impact on alimony. But there must be very extreme facts. As a matter of fact, divorce causes of action were simplified as of January, 2007, when an additional "no fault ground" was added � "irreconcilable differences". The only requirement is that you need to state that there has been a breakdown of the marriage for a period of six month and there is no prospect of reconciliation. Bottom line - the reason for your divorce will not be determinative when equitable distribution and other issues are decided.

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 a Family Law 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, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 5/14/07, 7:08 am
Gary Moore Gary Moore Attorney At Law

Re: Adultery in NJ

Adultery is actual sexual relations with someone who is not your spouse, but you can get divorced based on irreconcilable differences in any event.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/14/07, 8:12 am


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