Legal Question in Family Law in New Jersey
Wife filed for divorce, irreconcilable differences. Since the diovrce I found nude pictures of her and of the man she may have been seeing on her old cell phone. According to the time stamp, the dates are prior to her filing.
Would this be considered adultry or a form of it? If so could this finding be grounds for the court to change my financial obligations to her?
3 Answers from Attorneys
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
Adultery means that you marriage is probably over and it was. There are no benefits to attempting to reopen your divorce to allege adultery.
No. Financial obligations are distinct...and it sounds like your financial obligation may be child support anyway...