The structure of marriages can take many forms. While people may have differing opinions about how a couple approaches their relationship, the law allows almost any type of romantic or sexual arrangement as long as neither spouse is physically injured.
Polyamory and a related concept of open marriage are agreed upon in many relationships. However, the way the spouses approach these arrangements will determine whether they will strengthen the relationship or lead the couple to divorce in New Jersey.
What Is Polyamory?
Polyamory is an arrangement in which a person has romantic relationships with multiple people. It can exist within or outside marriage. If a couple gets married within the context of a polyamorous philosophy, they will both likely know about the arrangement.
The practice of polyamory does not need to be mutual. In other words, one spouse might be polyamorous while the other is monogamous.
Polyamory is often confused with two other related but distinct concepts:
Polygamy or Bigamy
Polygamy means one person is married to multiple spouses. Bigamy means a person is married to two people simultaneously. Bigamy is a crime in New Jersey.
In contrast, polyamory allows a person to have romantic relationships outside their marriage without marrying another person. In other words, bigamy or polygamy is not necessary to have a polyamorous relationship.
Open Marriages
Open marriage means one or both spouses have permission to have sexual relationships with people outside the marriage. The main distinction between open marriage and polyamory is that an open marriage involves sex but not necessarily romantic love. Polyamory typically involves romantic love but not necessarily sex.
Although the two do not necessarily overlap, they can. In other words, spouses may have both a polyamorous relationship and an open marriage. However, they can also have just one or the other.
How Does Polyamory Lead to Divorce?
Polyamory does not necessarily lead to divorce. If both spouses agree to the arrangement and consent to it, they may overcome the feelings of possession and jealousy that might arise. As long as they agree that they can remain committed to their spouse while loving other people, their marriage can continue.
However, polyamory can lead to a divorce in many situations.
Disagreements Over Marital Resources
Even when a couple agrees to polyamory, they still have limited property and income. A spouse who chooses to spend marital resources on an outside relationship might generate resentment in the other spouse.
For example, if a spouse takes a vacation with an outside romantic partner, their spouse might resent the amount of marital property spent on a trip they did not take. As a result, they might choose to divorce and divide their property rather than continuing to spend their money on the other spouse’s outside relationship.
Disagreements About Children
One or both spouses might determine that polyamory is not in their child’s best interests. This disagreement might arise in a few ways. For example, one person might decide that their spouse’s outside partner is not a good influence on the children. They might also determine that they want their child to spend time with their biological parents rather than outsiders.
Regardless of the source of the disagreement, the spouse might decide to divorce so they can be guaranteed certain child custody rights under a divorce decree.
Feeling Stifled by Marriage
A risk of polyamory is that a polyamorous spouse might begin to feel stifled by marriage. Juggling multiple relationships can be stressful, but liberating. Having to return to a single home and a single spouse might start to feel stifling.
Additionally, marriage imposes many legal and financial obligations. A spouse might decide a divorce will free them while allowing them to maintain their polyamorous relationships.
Contact the Divorce Lawyers at The Law Office of Jennifer J. McCaskill, LLC for Help Today
New Jersey is a no-fault divorce state. Thus, you do not need to explain why you want a divorce. In a polyamorous relationship, you may choose to simply sever ties and move on. Divorce allows you to divide your property and establish the rules for your future separate relationship.
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
