Is Adultery Grounds for Divorce in New Jersey?

How Adultery Affects Divorce Settlements in NJ

In the challenging landscape of marriage dissolution, adultery remains one of the most emotionally charged issues couples face. For New Jersey residents contemplating divorce due to infidelity, understanding how state law treats adultery is essential for making informed decisions during this difficult time. Here, we review the answers to many spouses’ questions: “Is adultery Grounds for Divorce in New Jersey?”

Adultery as a Legal Ground for Divorce in New Jersey

New Jersey law explicitly recognizes adultery as one of several “fault-based” grounds for divorce. Under N.J.S.A. 2A:34-2, adultery is defined as “voluntary sexual intercourse between a married person and another person who is not the individual’s spouse.” This makes New Jersey one of the states that still maintains adultery as a specific legal cause for ending a marriage.

When filing for divorce on grounds of adultery in New Jersey, the filing spouse must:

1. Specifically, name adultery as the cause in the divorce complaint.
2. If possible, identify the person with whom the spouse committed adultery (referred to as the “paramour” in legal terminology).
3. Provide details about when and where the adulterous acts allegedly occurred.

It’s important to note that while not legally required, having evidence to substantiate claims of adultery strengthens the case significantly. However, courts recognize the private nature of such behavior and don’t typically require direct evidence like photographs or videos.

Circumstantial evidence—such as hotel receipts, romantic messages, credit card statements showing gifts or meals, or witness testimony—is often sufficient.

Proving Adultery vs. No-Fault Options

While adultery remains a legal ground for divorce, many New Jersey couples opt for the state’s no-fault divorce option instead. Filing for divorce based on “irreconcilable differences” (which requires at least six months of irreconcilable differences that make continuing the marriage unreasonable) or “separation” (living separately for at least 18 consecutive months) eliminates the need to prove specific misconduct.

Choosing between fault and no-fault grounds involves several considerations:

• Emotional closure: Some spouses feel validation in having adultery formally recognized by the court.
• Privacy concerns: Fault-based divorces potentially make intimate details public record.
• Time and expense: Proving adultery typically requires more legal work, increasing both time and cost.
• Strategic advantages: In some cases, proving adultery might influence certain aspects of the divorce settlement.

 

How Adultery Impacts Different Aspects of Divorce

Equitable Distribution of Assets

New Jersey follows “equitable distribution” principles when dividing marital property, meaning assets are divided fairly but not equally. While adultery itself doesn’t automatically entitle the betrayed spouse to a larger share of marital assets, certain financial behaviors related to the affair might impact distribution.

If the unfaithful spouse spent significant marital funds on the affair—paying for lavish gifts, trips, apartments, or other expenses—the court may factor this “dissipation of assets” into the equitable distribution calculation. The betrayed spouse could potentially receive compensation for these diverted marital funds.

Alimony Considerations

Adultery can influence alimony determinations, but its impact has diminished recently. New Jersey courts primarily focus on financial factors when awarding alimony, including:

• Length of the marriage.
• Standard of living established during marriage.
• Age and health of both parties.
• Earning capacities and financial circumstances.

While adultery alone rarely determines alimony outcomes, egregious behavior surrounding the affair might be considered. For example, if the unfaithful spouse’s conduct led to public humiliation or severe emotional distress that affected the other spouse’s earning capacity, this might factor into the court’s decision.

Child Custody and Parenting Time

 

Perhaps surprisingly to many, adultery generally has minimal impact on child custody determinations in New Jersey. Courts focus primarily on the children’s best interests, and a parent’s fidelity to their spouse doesn’t automatically reflect their capacity as a parent.

However, if the adulterous behavior exposed children to inappropriate situations, demonstrated poor judgment related to parenting, or created an unhealthy environment, these factors could influence custody decisions. The court evaluates how parental behavior affects the children rather than passing moral judgment on the affair itself.

How Adultery Affects Divorce Settlements in NJ

When negotiating divorce settlements, adultery often influences proceedings in subtle but important ways:

1. Negotiation leverage: Knowledge of adultery may provide psychological leverage during settlement discussions, potentially leading to concessions from the unfaithful spouse.
2. Mediation dynamics: Emotional fallout from infidelity can complicate mediation efforts, sometimes necessitating therapeutic support alongside legal counsel.
3. Settlement timing: Divorces involving adultery may take longer to settle due to heightened emotions and trust issues.
4. Financial scrutiny: Cases involving adultery often trigger more intensive financial discovery to identify potentially hidden assets or misused funds.
5. Privacy considerations: The threat of making adultery allegations public may influence settlement terms as some parties prioritize discretion.

 

Rebuilding After Betrayal: Looking Forward

While adultery can legally end a marriage in New Jersey, the emotional journey extends beyond the courtroom. Many individuals find that adequately addressing the legal aspects of infidelity provides a foundation for personal healing. Understanding your rights regarding adultery in divorce allows you to make decisions based on legal realities rather than emotional reactions alone.

Whether you choose to file based on adultery or pursue a no-fault divorce, having knowledgeable legal guidance ensures your interests remain protected throughout the process. The experienced attorneys at Dalena & Bosch Family Law firm specialize in helping clients navigate the complex emotional and legal landscape of divorce involving adultery, providing compassionate support while securing favorable outcomes.

If you’re facing a divorce involving adultery in New Jersey, contact Dalena & Bosch Family Law firm today to discuss your situation and explore the legal options best suited to your unique circumstances.