Legal Question in Family Law in New Jersey
What now ?
Through DNA Testing, it was discovered that the child my wife gave birth to a few months ago is not mine, but another man's. I am wondering, because of her obvious act of adultry, in a divorce, would or could i still be required to pay her alimony despite her infidelity ?
5 Answers from Attorneys
Re: What now ?
As has been pointed out, fault does not usually effect alimony. However, if she was using marital assets with this affair, you might be able to recover the funds that were improperly used.
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Re: What now ?
Alimony depends on several factors, how long you were married, your income, education and other factors, her income, education, etc.
Marital fault, as it is called, is NOT a factor in alimony in almost every case.
Go see a divorce lawyer. Today.
Re: What now ?
If she is otherwise entitled to alimony her adultery probably will make no difference as to your obligation to pay alimony.
The obligation to pay alimony depends on the length of your marriage and your respective earning capacities.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: What now ?
What you have to realize is that 98% of divorces settle out of court, so that would only be an ultimate issue if it goes to trial. If you are going to get divorced, I suggest you get an attorney ASAP so that you can protect your interests before things get very ugly.
Meeting with the attorneys who post on this site is a good first step. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: What now ?
Technically, marital fault can still be considered for purposes of alimony. However, as the esteemed panel has already stated, in most cases it will have little, if any, impact. An angle you may want to pursue is marital lifestyle and what her act of adultery did or did not contribute to such lifestyle. Also, any child support she should recieve from the father may (or may not, depending upon the incidental benefit to her) help to offset some of her current living expenses. You should DEFINATELY contact a lawyer to explore these, and the other important factors considered in divorce cases.