Infidelity often causes emotional distress, but its impact on divorce settlements depends on the laws of the state. New Jersey follows a “no-fault” divorce system, but certain circumstances can make infidelity relevant during proceedings. Understanding how adultery may affect financial and custody outcomes is important for anyone navigating this complex process.
New Jersey’s no-fault divorce system
New Jersey allows couples to file for divorce without proving fault. Most cases proceed under the grounds of “irreconcilable differences.” However, the state also permits fault-based divorces, with adultery being a valid ground. Claiming adultery requires proof that the affair occurred and identifying the other party involved.
When infidelity impacts financial settlements
In most cases, adultery does not affect the equitable distribution of marital assets. Courts divide property based on fairness rather than fault. However, infidelity might influence financial outcomes if marital funds were used to support the affair. Extravagant spending on gifts, trips, or other expenses for an extramarital partner could lead to adjustments during property division.
Custody and alimony considerations
Judges prioritize the child’s best interests when deciding custody, and infidelity typically has no effect unless it directly impacts the child’s well-being, such as exposing them to harmful situations. Adultery rarely influences alimony, as New Jersey law bases alimony decisions on factors like marriage length, standard of living, and financial need, though a court may adjust alimony if the affair caused significant financial harm.
While New Jersey’s laws minimize the role of fault in divorce proceedings, infidelity can have consequences in certain situations. Understanding how adultery might affect financial settlements and custody arrangements is crucial. Seeking advice from an experienced divorce attorney ensures a clear path forward during this challenging time.
