Legal Question in Family Law in New Jersey
I don't want to get screwed by my cheating husband!
My husband (of 20 years) has been having sex with his secretary for the past year! Since I found out, he wants to divorce me and be with her. He�s the one who committed adultery, not me! Is it to my benefit to divorce him first? Can I sue him for adultery, and does the court view division of property any differently than if it were no fault? I make 38% of our income and he makes 62%. We currently have a lot of debts. Could they be split 38/62 or is it always 50/50? He admitted the affair has been going on since May of 2003. The husband of his secretary had them followed by a cop friend of his and found them in hotel rooms together. We still have joint credit cards. Am I responsible for paying for things that he purchased on his own (possibly for her)? Can I put in writing that I am NOT responsible for debts that we did NOT incur together?
Thank you SO MUCH for your assistance in this matter!
3 Answers from Attorneys
Re: I don't want to get screwed by my cheating husband!
First and most importantly, it is absolutely essential that you consult with an experience Family Law attorney in your area IMMEDIATELY. Many things can happen in the early stages of a potential divorce which can not later be reversed, or will cost you additional counsel fees to rectify. The fact that he committed adultery has no bearing on the distribution of assets or the issues of support, both alimony and child support. In general, you should not be held responsible for any credit card debt that he incurred in pursuing the relationship. However, you should immediately protect yourself against him incurring further credit card debt on any joint cards or cards in your name. Again, I strongly urge you to consult with an attorney immediately. If you would like to schedule a consultation with my office, please contact my secretary, Debbie, at 856-795-6700. You can obtain further information about my firm by visiting our website at www.gersteingrayson.com.
Re: I don't want to get screwed by my cheating husband!
Your situation really calls for you to see an experienced and caring divorce attorney who can, after getting some additional information from you, give you advice as to how to proceed. Too much is going on in your situation to be able to give much sage advice over the internet. Good luck!
Re: I don't want to get screwed by my cheating husband!
Marital assets and liabilities are split on a 50/50 basis. Your husband will probably have to pay you some amount of alimony permanently given the length of your marriage. Financial issues are not related to conduct. Child support is based on the uniform income guidelines. The filing of the divorce complaint cuts off joint entitlement to assests after acquired and joint liability for debts after acquired.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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