What Happens in Divorce When a Spouse Cheats in New Jersey?

When a marriage breaks down due to infidelity in New Jersey, many people wonder how adultery might affect their divorce proceedings. It’s a sensitive and often emotionally charged issue that can have both legal and personal implications.

While the pain of betrayal is undeniable, it’s important to understand how New Jersey law views adultery in the context of divorce.

What are the Grounds for Divorce in New Jersey?

New Jersey recognizes both no-fault and fault-based grounds for divorce.

In a no-fault divorce, the most common grounds are:

• Irreconcilable differences (N.J. Rev. Stat. § 2A:34-2(i))
• Separation for 18 months or more (N.J. Rev. Stat. § 2A:34-2(d))

However, if you’re seeking a fault-based divorce, adultery is one of the recognized grounds (N.J. Rev. Stat. § 2A:34-2(a)).

Other fault-based grounds include desertion, extreme cruelty, substance abuse, and more.

More on Infidelity and Alimony in N.J. Divorces

Alimony, also known as spousal support, is a payment made by one spouse to the other during or after a divorce (N.J. Rev. Stat § 2A:34-23).

New Jersey courts consider several factors when determining alimony, such as:

• The length of the marriage
• Each spouse’s earning capacity
• The standard of living is established during the marriage

In adultery cases, the court may reduce or deny alimony to the cheating spouse. However, there are exceptions and limitations to this rule.

Family law judges ultimately evaluate the circumstances surrounding the infidelity and its impact on the marital relationship.

Cheating and Property Division in New Jersey

New Jersey follows the principle of equitable distribution when dividing marital property (N.J. Rev. Stat. § 2A:34-23.1).

This rule means the court will do its best to distribute assets fairly but not necessarily equally.

Factors considered in property division include:

• Duration of the marriage
• Each spouse’s contribution to marital assets
• Economic circumstances of each party

While infidelity itself may not directly affect property division, it can have an impact if the cheating spouse reduces marital assets to pay for their extramarital affair.

If you prove that your spouse spent significant funds on their paramour, the court may consider this when dividing property.

Infidelity and Child Custody Considerations

In child custody decisions, New Jersey courts prioritize the child’s best interests (N.J. Rev. Stat. § 9:2-4).

Factors that influence custody arrangements include:

• Parental fitness and ability to provide a stable environment
• The child’s relationship with each parent
• Any history of domestic violence or substance abuse

Having an affair may not directly impact child custody unless you can show that the cheating spouse’s behavior has negatively affected their parental fitness or the child’s welfare.

The court will generally focus on each parent’s ability to provide the child with a safe and nurturing environment.

Gathering Evidence of Infidelity in a N.J. Divorce

If you suspect your spouse of cheating, you should gather evidence to support your claims during divorce proceedings.

Admissible evidence in a New Jersey dissolution of marriage case may include:

• Electronic communications, such as emails, text messages, and social media posts
• Financial records indicating hidden assets or suspicious expenses
• Witness testimony from private investigators or acquaintances

However, you must obtain your evidence legally and ethically.

Engaging in illegal surveillance or wiretapping can have severe consequences and may even make your evidence inadmissible in court.

Prenuptial Agreements and Infidelity Clauses

A prenuptial agreement (prenup) is a contract signed before marriage that outlines how spouses will divide assets in the event of a divorce.

Some prenups may include infidelity clauses that specify consequences for cheating, such as forfeiting alimony or a larger share of marital assets.

However, it’s important to note that infidelity clauses in prenups are not always enforceable in New Jersey. The court will evaluate the fairness and reasonableness of the agreement based on the circumstances at the time of the divorce.

Alternative Dispute Resolution Methods

If you and your spouse are willing to work together despite the infidelity, alternative dispute resolution methods like mediation or collaborative divorce may be beneficial.

These approaches focus on reaching a fair settlement while minimizing a contentious divorce’s emotional and financial toll.

In mediation, a neutral third party helps you and your spouse negotiate the terms of your divorce. Collaborative divorce involves each spouse hiring separate New Jersey divorce lawyers to work together to reach an agreement outside court.

The Unique Challenges of High-Net-Worth Divorces

When infidelity is a factor in a high-net-worth divorce, the stakes can be even higher.

These cases often involve complex asset divisions, including businesses, investments, and real estate.

Prenuptial and postnuptial agreements may face heightened scrutiny, and the potential for drawn-out legal battles is greater.

If you’re facing a high-net-worth divorce involving infidelity, consider working with experienced family law attorneys who can protect your interests and help you achieve a fair outcome.

Handling Settlement Negotiations

Infidelity can make divorce settlement negotiations more challenging, as emotions often run high, and the desire for retribution may overshadow the need for a fair resolution.

However, you must approach negotiations with a level head and focus on achieving an equitable outcome.

Tips for successful settlement negotiations include:

• Prioritizing your long-term interests over short-term emotional satisfaction
• Being willing to compromise where appropriate while standing firm on your non-negotiables
• Utilizing alternative dispute resolution methods to avoid a prolonged court battle

Rebuild Your Life After Infidelity

Cheating has a profound impact on New Jersey divorce proceedings, affecting aspects like alimony, property division, and child custody. While the emotional pain of a spouse’s betrayal can be devastating, stay focused on protecting your rights and building a strong foundation for your future.

Move Forward With Strength and Resilience

Our divorce attorneys at Netsquire understand New Jersey divorce law and can help you work toward a fair resolution.
Remember, divorce is not the end of your story – it’s the beginning of a new chapter filled with opportunities for growth, healing, and happiness.

Contact us to discuss your options. With the right legal team by your side, you can overcome the challenges of infidelity and divorce and emerge stronger than ever before.