Legal Question in Family Law in New Jersey

Divorce

I live in NJ and want to file under grounds of adultery. If I am the spouse that committed the act, can I file under those grounds or does it have to be my husband that files?


Asked on 6/25/09, 11:35 am

5 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Divorce

It really does not matter whether or not adultery has occurred for almost any legal issue. The only thing that adultery does, from a legal standpoint, is give the other spouse the right to obtain a divorce; however, in any case, there are many other reasons that could allow for the filing and in most cases, it would be easier as well. It really makes no difference from the Court's standpoint. All 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. The cause of action or the identity of the person who files for the divorce is immaterial.

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. 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 6/25/09, 11:51 am
Gary Moore Gary Moore Attorney At Law

Re: Divorce

The only reason to file for divofce based on adultery is that you have not lived in New Jersey for a year and adultery is the only ground for divorce requiring only your residence in New Jersey of any length of time.

If the adultery was committed by you, your husband would have to be the plaintiff filing the complaint.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/25/09, 11:57 am
Gary Moore Gary Moore Attorney At Law

Re: Divorce

The only reason to file for divofce based on adultery is that you have not lived in New Jersey for a year and adultery is the only ground for divorce requiring only your residence in New Jersey of any length of time.

If the adultery was committed by you, your husband would have to be the plaintiff filing the complaint.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/25/09, 11:57 am
Gary Moore Gary Moore Attorney At Law

Re: Divorce

The only reason to file for divofce based on adultery is that you have not lived in New Jersey for a year and adultery is the only ground for divorce requiring only your residence in New Jersey of any length of time.

If the adultery was committed by you, your husband would have to be the plaintiff filing the complaint.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/25/09, 11:57 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Divorce

Clearly you need the advice of a good attorney as you do not know the law in New Jersey. Call me at 732/247/3340 to discuss.

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Answered on 6/25/09, 6:51 pm


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