Infidelity can cause deep emotional pain and may play a role in a divorce. In New Jersey, cheating does not necessarily impact the outcome of divorce settlements, but it can in specific situations. Understanding when infidelity matters can help those navigating a divorce.
Grounds for divorce
New Jersey recognizes both fault and no-fault divorces. Infidelity is one of the grounds for a fault-based divorce. However, most couples choose a no-fault divorce, which does not require proving misconduct like adultery. Choosing a fault-based divorce due to infidelity may not necessarily affect financial settlements or child custody but can still be emotionally important for some.
Alimony and financial impact
Infidelity might influence alimony in certain cases. If a spouse spent significant marital funds on an affair, the other spouse could argue for a larger settlement or reimbursement. Courts may consider the financial impact of the affair when deciding on alimony. However, cheating alone is typically not enough to sway the overall distribution of assets.
Child custody considerations
Child custody decisions focus on the best interests of the child. Courts in New Jersey generally do not factor in infidelity when determining custody unless the affair had a negative impact on the children. For example, if a parent exposed the child to inappropriate situations due to the affair, the court might consider that in custody arrangements.
Emotional closure
Pursuing a fault-based divorce based on infidelity may offer some emotional closure. While infidelity may not drastically alter financial or custody outcomes, it allows the injured party to formally recognize the betrayal. Understanding how infidelity affects divorce settlements can help individuals make informed choices during this challenging time.
Consult an attorney
Divorce cases involving infidelity can be complex. It is essential to consult with a qualified divorce attorney who understands New Jersey law to determine the right course of action for specific circumstances.
While infidelity can complicate divorce proceedings, having the right support and guidance can make all the difference. Taking proactive steps and seeking legal advice can help ensure a good outcome for everyone involved.
