Going through a divorce is difficult, especially if you know that your spouse has violated your trust by dating or being with another person. Adultery is a fault, but in a no-fault divorce state like New Jersey, proving that adultery happened may not do much for your case.
Adultery doesn’t tend to impact all aspects of a divorce case like it may have many decades ago. It likely will not influence child custody concerns unless there are safety issues involved, and it is unlikely to change the division of your marital property. However, there are exceptions to the rule.
When could proving adultery benefit your case in New Jersey?
Normally, proving adultery doesn’t make much of a difference — but there are always exceptions to the rule.
Providing evidence of your spouse’s adultery may help if you’re trying to prove that your spouse was spending your shared assets on someone else, for example. If you can do this, you may be able to seek a greater portion of the remaining assets.
You may also be able to eliminate any waiting periods if you show that you have been a victim of adultery. Otherwise, you may need to complete a separation period before the court will allow your divorce to be finalized based on your circumstances. As an example, you can separate for 18 months and then seek a divorce for continuous separation if there is no fault.
Our website has more information on getting a divorce and why you may want to prove that adultery took place. It doesn’t always help every case, but in some, proving that you were wronged may benefit you in your divorce settlement.