Legal Question in Family Law in New Jersey

separation and adulty

i have been living in separate residences from my husband for 11 years we have not yet filed for divorce can he charge me with adultry, since we have been apart so long?


Asked on 10/14/05, 1:56 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: separation and adulty

Adultery is no longer the serious accusation that it once was, and it no longer has the very large legal importance in divorce that it once had.

You really should consult a divorce attorney and find out what your rights are, what your options are, and then decide what you want to do. Eleven years later, it is pretty clear that your marriage is over and you will want to be able to move on. There are issues concerning children (if any) child support, division of assets, alimony, pensions, other things. You may have really short-changed yourself for over a decade. Go see a lawyer.

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Answered on 10/14/05, 2:00 pm
Gary Moore Gary Moore Attorney At Law

Re: separation and adulty

He can try, but it makes no sense. This is a no fault state which allows divorce based on 18 months of separation. Proving adultery does not impact on the financial lssues and, usually, not on the child custody issue, if there is one. Proving adultery only gets you a divorce.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/14/05, 2:34 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: separation and adulty

If you have been separated and living apart for the past 11 years, there are several other grounds that can be alleged in a complaint for divorce. Is there any reason why you have not filed during your �separation?�

Our firm has experience in handling these types of matters and can discuss your options with you.

If you would like to further discuss this matter with us, please contact Kozyra & Hartz, LLC, and ask to speak to Candice M. Alfonso. Please also refer to your posting when calling.

Thank You,

Candice M. Alfonso, Esq.

Kozyra & Hartz, LLC

140 Eagle Rock Avenue

Roseland, New Jersey 07068

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Answered on 10/17/05, 9:14 am


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