While adultery itself isn't a crime in New Jersey, its implications can be significant in legal proceedings, particularly in divorce cases. This guide explores the legal ramifications of adultery in NJ and addresses common questions surrounding this sensitive topic.
What is Adultery?
Adultery, in its simplest definition, is a sexual act between a married person and someone who isn't their spouse. While the act itself isn't illegal, its consequences can be far-reaching within the legal system.
Is Adultery a Crime in New Jersey?
No, adultery is not a crime in New Jersey. New Jersey doesn't have any criminal statutes that specifically punish adultery. This means you won't face arrest or jail time for having an extramarital affair.
Can Adultery Affect a Divorce Case in NJ?
Yes, adultery can significantly impact a divorce case in New Jersey. While it's not a crime, evidence of adultery can influence several aspects of the divorce proceedings:
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Alimony (Spousal Support): Proof of adultery might affect the amount and duration of alimony awarded. The offending spouse may receive less alimony or have it terminated early. However, the court considers many factors beyond adultery when determining alimony, such as the length of the marriage, each spouse's financial resources, and contributions to the marriage.
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Equitable Distribution of Assets: Although adultery itself doesn't automatically lead to an unequal division of marital assets, it can be considered by the court as a factor in determining a fair and equitable distribution. The judge will look at the overall circumstances of the case, not just the infidelity.
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Child Custody and Visitation: While adultery rarely directly impacts child custody arrangements, it could indirectly affect the outcome. If the infidelity negatively impacts the children's well-being (e.g., through instability or emotional distress), the court might consider this when making custody decisions. The primary focus, however, will always be on the best interests of the child.
Does New Jersey Recognize "Fault" in Divorce?
New Jersey is considered a "no-fault" divorce state. This means you don't have to prove fault (like adultery) to obtain a divorce. You simply need to show that the marriage is irretrievably broken. However, as explained above, evidence of fault can still influence the financial and custody aspects of the divorce.
What Constitutes Proof of Adultery in NJ Divorce Proceedings?
Establishing adultery requires convincing evidence. This can include, but is not limited to:
- Witness Testimony: Statements from individuals who directly observed the adulterous act.
- Photographs or Videos: Visual evidence documenting the affair.
- Text Messages, Emails, or Social Media Communications: Written communication that suggests an extramarital relationship.
- Hotel Records or Travel Records: Documents indicating the couple spent time together outside of their marital home.
The court will carefully scrutinize the evidence presented to determine its admissibility and validity.
Can I Sue My Spouse for Adultery in NJ?
You cannot sue your spouse for adultery in New Jersey to obtain monetary compensation for the infidelity itself. Claims for financial damages are typically addressed through the division of marital assets and alimony within the divorce proceedings, as described above.
What should I do if I suspect my spouse is having an affair?
If you suspect your spouse of adultery and are considering divorce, it’s crucial to seek advice from a qualified New Jersey divorce attorney. They can guide you through the legal process, help you gather evidence (if needed), and advise you on the best course of action for protecting your rights and interests.
Disclaimer: This information is for educational purposes only and is not legal advice. Consult with a New Jersey family law attorney for advice tailored to your specific situation.
