Legal Question in Family Law in New Jersey

Re: Impact of adultery on the divorce action

To a large extent, the cause of action (or reason) for the divorce is irrelevant to the determinations that will be made with regard to parenting time, division of property, etc. With some minor exceptions (primarily, some -but not conclusive- impact on alimony considerations) the reason for the divorce is never taken into consideration. Thus, although this may be viewed as adultery, it really makes no difference. Keep in mind that this advice is based purely on the little bit of information 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. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner

Re: What is considered adultery?

Just to expand on the previous reply, in NY post-commencement adultery by the plaintiff would be a complete defense where the only ground for divorce is the defendant's adultery.

To prove adultery, the plaintiff need only show that the other party had both opportunity and inclination. All too often these days, the other spouse's Email is incriminating.

That is the law in New York.

For various reasons, a plaintiff would be best advised to include more than one ground for divorce in the complaint.

Re: What is considered adultery?

Thank you for your inquiry.

A person does not have to remain celebate until a divorce is over.

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