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

Monmouth County Adultery Divorce Lawyer

Initiating or going through a divorce is already hard enough as it is, but when matters of adultery are involved, a divorce can get even more complicated. This is one reason why it is so important to have an experienced Monmouth County adultery divorce attorney on your side.

If you are considering or involved in a divorce and infidelity played a role in the breakup of the marriage, an experienced Monmouth County adultery divorce attorney can help. A knowledgeable family lawyer in Monmouth County can build a case to help produce a successful result on your behalf.

Issues of Fault and Adultery

In some states, courts will heavily consider matters of infidelity when determining who is entitled to what. New Jersey is neither considered a no-fault divorce state or an at-fault divorce state.

Rather, its divorce laws take somewhat of a hybrid approach to whether either party's misconduct - such as adultery - affects the outcome or terms of their divorce proceedings.

In New Jersey, misconduct - including cheating - on the part of either spouse can change the outcome of alimony awards, but will not typically affect issues of property division, or child custody.

This is because even though the court treats matters of adultery very seriously, poor and even unethical relationship choices do not negate a person's property or parenting rights in New Jersey. These processes can be best understood using a adultery divorce attorney in Monmouth County.

Alimony Matters

Alimony matters are different because they deal with whether one spouse will need the continued support of their former spouse's financial help as they begin their separate lives. If the court feels one spouse misused marital funds to carry on another relationship, or took advantage of their spouse who took time away from the workforce to raise children, then the court may determine that alimony is especially appropriate.

Likewise, if the cheating spouse is the one requesting alimony, the court may feel that it is unnecessary or that only a reduced amount is appropriate, especially if the unfaithful spouse has already begun setting up a new life with their new partner. These issues can be dealt with by an adultery divorce attorney in Monmouth County.

Issues Related to Adultery Divorces

While the courts in New Jersey do not typically allow issues of infidelity to affect the outcome of division of assets or parenting plans, there are situations where the complexities of adultery can create some overlap with parenting or finance - for instance, if the adultery threatened the safety of the children or created a significant debt.

Some examples of situations that could potentially lead the court to carefully examine the facts related to the adultery include but are not limited to situations in which:

  • Domestic violence occurred
  • The children were put at risk or involved in inappropriate situations
  • One spouse transferred marital assets to their new partner
  • The adultery caused the cheating spouse to neglect their parenting duties
  • The unfaithful spouse has moved in with their new partner
Consult with a Lawyer

When it comes to adultery and its impact on a Monmouth County divorce, only an experienced Monmouth County adultery divorce lawyer can advise on how the infidelity may be relevant to the divorce proceedings.

Even though adultery can be an emotional and upsetting topic - especially in the midst of a contentious divorce - it is important to share these intimate details of your marriage with your attorney so that they can best protect your rights.