How Adultery Impacts Divorce Rulings

Infidelity is the reason most of the clients we represent decide to get a divorce. Spouses who have been cheated on come into our offices angry, feeling disillusioned and betrayed. Most believe that adultery means they should get more money than their spouse and they want to use the divorce as a way to get even.

While these feelings are understandable, that isn’t how New Jersey divorce laws work. This sucks and we understand your anger. But your spouse’s actions could potentially affect how your property is distributed.

Bad Behavior Will Affect Property Distribution

First, it is important to remember that your lawyer is on your side, even if it seems like the law isn’t. When it comes to adultery, there is a very rare set of circumstances when adultery actually matters in the distribution of property. These include:

  • Spending marital money to set up the cheating person in an apartment or house
  • Giving that person access to a credit card
  • Using marital money to buy a vehicle for that person to use
  • Other substantial and provable uses of marital money in the 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.

Your Options For A Divorce

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 outside of court.

If you choose the second option, you will need to create a settlement agreement. A settlement agreement is a 25-page contract, which resolves everything you are fighting over such as property, finances, custody, child support, alimony and everything else pertaining to the divorce. If this is the most appropriate option for your circumstances, we will tell you this 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. We will set up a time we can meet to discuss your legal needs.