Legal Question in Family Law in New Jersey

What legally can I do if I know my husband has commited adultery? what do i do first?


Asked on 12/09/09, 11:32 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

There is no reward, no upside to your discovery. Either you are motivated to try to save your marriage or you are not. If you are not so motivate you can consult with an attorney about a divorce. In New Jersey it does not really matter what the ground for divorce is because the financial questions are answered the same way whether the ground is irreconcilable differences or adultery. There is no misconduct penalty.

If you are motivated to try to save your marriage you should seek the assistance of your family, church

pastor or trusted friends.

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Answered on 12/15/09, 3:53 am
Robert Gleaner Robert A. Gleaner, P.C.

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 12/15/09, 6:05 am


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