Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Adultery in East Brunswick Divorce Cases

Most people understand that adultery means one spouse has an affair with another individual.

Absent a special circumstance, it is not advisable to hire a private investigator to prove adultery. That would only ever come out if there was a trial which only happens about two percent of the time in New Jersey.

To understand how adultery can impact your divorce proceedings in East Brunswick, if at all, it is imperative to consult with an experienced divorce lawyer immediately.

Signs of Infidelity

The signs that a cheating spouse displays are enough to convince a court and should be enough for the client to come to terms with the fact that they have been betrayed. If an individual suspects adultery, that is enough to proceed on grounds of adultery. They do not need the specific details.

There are many signs of infidelity, such as people who text secretly or go outside to text, people who have become very private about their phone, or act in a most peculiar way than normal.

There are countless systems and ways to determine whether somebody is cheating without hiring an investigator and spending all that money.

When an individual suspects their spouse is committing adultery, they should speak to a lawyer. A lawyer can help them face the reality of the situation.

Adultery Divorce Petition

An adultery divorce petition in East Brunswick is a complaint for divorce that specifically lists adultery as grounds for divorce.

The one thing required is the name of the paramour and the date and place that, to the best of the client's knowledge, the adultery occurred.

Protection of the Children

When adultery is the reason for a divorce in East Brunswick, the courts do not treat the divorce case severely. Many clients are disappointed to learn that adultery in a divorce situation does not affect the children or money with few exceptions.

When the spouse spends a lot of money on a paramour, that comes into play. The other spouse should be reimbursed for that money. If the parties are not yet divorced and the cheating spouse starts bringing their paramour around the children, the attorney can file a VITA application during the pendency stage of a New Jersey divorce to prevent the paramour from being near the children while the divorce is still ongoing.

Currently, judges may allow the paramour to be around the children at times but with very strict conditions: no open showing of affection, no handholding, and no kissing between the new couple. There is no overnight sleepover. The children are to be protected at all times.

Impact on Child Custody

In the first phase of the divorce proceedings in East Brunswick, the impact adultery can have while the divorce is pending and the case falls to VITA is that there can be no boyfriends or girlfriends around the children during the pendency of the action.

The second phase of the divorce is called post assessment divorce or simply put, after a divorce. Once the couple is divorced, the parties are allowed to move on with their lives. However, it is important that the parents are careful about who they choose to be involved in their life and getting the person involved in their child's life.

When parents divorce and the one spouse continues their relationship with their paramour, as long as that person is an outstanding citizen and presents no harm to the child, they are allowed to be around the child and the child is allowed to be in their presence.

However, if there is an extenuating circumstance such as a substance abuser in the context of adultery in East Brunswick, the lawyer can file an application to have the parenting time temporarily suspended until a custody evaluation is held so that a child is not in the presence of someone with a serious drug problem.

Role of Mediation

Attorneys are proponents of people resolving the divorce in an amicable manner when adultery occurs in East Brunswick. When mediation is appropriate, attorneys can be advocates of such a scenario.

However, when adultery is the genesis of the demise of the marriage resulting in the divorce, mediation may not work because the betrayed spouse is too hurt to discuss the big issues that need to be resolved.

This may be a painful experience to be betrayed and is an example of a case that goes to a collaborative loss situation similar to mediation. The person is just settling. Those cases do eventually settle but frankly, emotions need to subside.

Further, unless a significant amount of money was spent by one spouse on their paramour, adultery does not impact the division of assets.