Legal Question in Family Law in New Jersey
Adultery
If your spouse begins a relationship after he has moved out and told you he wants a divorce, is it still considered adultery? Can you prove adultery by proving your spouse stayed the night at the person's house, or do you have to catch them in the act? And does proving adultery affect child custody when your spouse is a good parent otherwise? There has never been any kind of abuse, and he is a good father. My husband says he started seeing his girlfriend after he moved out and we decided to get divorced, so that it is no longer considered adultery. And my only proof is that his car has been seen at her house overnight. Can I prove adultery, and will it help me with custody?
2 Answers from Attorneys
Re: Adultery
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: Adultery
Thank you for your inquiry.
WHile I beleive you already have enough proof to file for divorce under grounds for adultery, I need to learn more information in order to determine whether it will help you with custody.
As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com