Woodbridge Adultery Divorce Lawyer

For many people, deciding to get a divorce can be a difficult step to take. It can be especially difficult if adultery contributed to the breakdown of the marriage. If you find yourself dealing with such a situation, you may be wondering how best to proceed and how to start the divorce process.

For divorces based on adultery, you may want to obtain legal help as soon as possible. A Woodbridge adultery divorce lawyer could explain New Jersey divorce law to you and assist you with any issues you may have. In addition, your dedicated attorney could help you file for divorce, provide you with legal information on any related issues, and represent you in court to help protect your rights and pursue a positive outcome to your case.

Divorce Laws Applicable to Woodbridge

An individual may file for divorce in New Jersey based on any of the following grounds, according to New Jersey Revised Statutes §2A:34-2:

  • Adultery
  • Desertion or abandonment for at least 12 months
  • Extreme physical or mental cruelty
  • Imprisonment for 18 consecutive months or more

In order to file for divorce in New Jersey, either or both parties must be a resident of the state, according to N.J.R.S. §2A:34-10. Generally, one of the individuals must also have been a resident for at least one year preceding the divorce filing. However, this requirement is waived for divorces based on adultery. These and other prerequisites could be managed individually by the filing party or with a Woodbridge adultery divorce lawyer’s assistance.

Distribution of Property in Adultery Divorces

As part of any divorce, including those based on adultery, a court usually divides marital property between the two parties. Under N.J.R.S. §2A:34-23.1, courts generally decide how to distribute property according to the following factors:

  • Duration of the marriage
  • Age and health of both parties
  • Income of both parties before the marriage
  • Standard of living during the marriage
  • Earning capacity of each individual, including their education levels, work experience, etc.
  • Need of either party to care for the couple’s children
  • Any other factor the court deems relevant

In divorces based on adultery, courts may take that adultery under consideration when deciding how to distribute property. A court may grant a smaller share of assets to the adulterous spouse, especially if the adultery severely impacted the other spouse or their children. For example, if a spouse deferred achieving their own educational or career goals to support an adulterous spouse, a New Jersey court may be more likely to grant them a larger share of assets.

Alimony in Adultery Divorces

Individuals may also be eligible for alimony as part of an adultery divorce. Under N.J.R.S. §2A:34-23, courts determine alimony payments according to factors such as the length of the marriage, the age and health of the individuals involved, and their likely future income and earning capacities.

However, as with property distribution, a court may take into account any other factor it deems relevant in establishing alimony payments, including any instances of adultery. For example, a court may decide that the adulterous spouse should pay extra alimony if their adultery negatively affected their parental responsibilities or the educational or employment opportunities of the other spouse. A Woodbridge adultery divorce lawyer could provide further information on the potential impact of adultery on alimony payments.

Work with a Woodbridge Adultery Divorce Attorney Today

Going through a divorce can be mentally and emotionally stressful, especially if that divorce is based on your spouse’s adultery. Given how stressful and complicated they can be, you should not have to deal with the details of the divorce process and potentially acrimonious hearings or settlement negotiations on your own.

An experienced Woodbridge adultery divorce lawyer should be familiar with New Jersey divorce laws and could work with you to make sure you get through the divorce process as painlessly as possible. They could also answer any questions you may have about the process to help you make informed decisions. To find out more about what an attorney could do to help you, call today to schedule a consultation.