Jennifer McCaskill
Here For You During Your Most Challenging Times

How Adultery Impacts Divorce Rulings

We are the New Jersey divorce and family law attorney of the Law Office of Jennifer J. McCaskill, LLC, in Red Bank. After years of representing people in divorce courts in Monmouth County, Ocean County, Middlesex County and adjoining counties, we have learned a lot about why marriages fail.

How Does Adultery Affect Divorce?

Infidelity is the reason most of the clients we represent decide to get a divorce. And spouses who have been cheated on come into our offices angry, feeling disillusioned and betrayed. Most believe the adultery means they should get more money than the other. They want to use the divorce as a way to get even. But that isn't how New Jersey divorce laws work. There are a few things you need to know about adultery and how it will play a role in your divorce proceedings.

No Grounds For Divorce, But Some Bad Behavior Will Affect The Property Distribution

First, it is important to remember that your lawyer is on your side, even if it seems like the law isn't. This sucks and we understand your anger. We have all had experiences where we have felt like getting even. It may feel good now, but will often lead to more problems down the road.

When it comes to adultery, there is a very rare set of circumstances when it actually matters as far as the distribution of property is concerned, including:

  • Spending marital money to set up the paramour in an apartment or house
  • Giving a mistress or a boyfriend access to a credit card
  • Purchasing a vehicle for the outside party to use
  • Substantial and provable use of marital money in the adulterous affair

Anything that directly affects the finances of the marriage can affect how property and funds are divided. Otherwise the act of adultery, in and of itself, has no bearing on how the marital property will be divided.

One Way Or The Other

There are two avenues to pursue a divorce. You can go to trial and allow the Judge to make all of the decisions concerning you and your children's lives, or you can settle your case.

The second option for divorce is the creation of a settlement agreement. A settlement agreement is a 25-page contract, which resolves everything you are fighting over such as property, finances, custody, alimony, child support and everything else pertaining to the dissolution of your marriage. If this is the most appropriate option for your circumstances, we will tell you so honestly.

Call Us To Schedule A Consultation

No doubt, you want to talk about your situation. We're ready to listen. Call us at 732-852-7418 or contact us by email to request a return call to set up a time we can meet to discuss your legal needs.

Our First Job Is To Listen

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