Close-up of an elderly person's hands clasped on a cane, wearing a checkered shirt and khaki trousers, with visible wedding ring and wristwatch, signaling the poignant reality of going through a

Should I Tell the Court That My Spouse Cheated During Divorce Proceedings?

Infidelity is inexcusable, and if your spouse cheated on you, it is no surprise that you are now seeking a divorce. However, should you mention the act of infidelity to the courts? Many people believe they should, or wish to, however, this is not always the best idea. Please continue reading and speak with our New Jersey divorce attorneys to learn more.

Should I tell the court that my spouse cheated/committed adultery during our divorce?

Infidelity is among the most common reasons that marriages fail. If your spouse cheated on you, it is only natural for you to wish to bring it up in the courtroom setting, as you most likely feel that it is his or her fault your marriage has ended. While you are absolutely entitled to feel this way, in most cases, citing adultery as a fault ground will not impact the outcome of your divorce. New Jersey is a no-fault state, meaning that you can either choose to cite fault grounds or you can file a no-fault divorce. In most cases, it is best to file a no-fault divorce, as citing fault grounds gives your spouse a chance to rebut your accusation, often warranting a longer, more drawn-out, and often more hostile divorce process. Furthermore, adultery seldom sways the outcome of a divorce one way or another.

Are there any ways in which bringing up my spouse’s infidelity may benefit me in a divorce?

As previously stated, adultery generally will not impact the outcome of your divorce, though our firm has broken down the four most pressing divorce-related issues for you to see whether citing adultery may work to your benefit, if even slightly. They are as follows:

  • Division of Assets: In most cases, the division of assets will not be affected by adultery.
  • Child Support or Child Custody: Likewise, in most cases, child support or child custody terms will not be swayed by an act of adultery. However, if you can prove that your spouse endangered your child in some way during the course of committing an act of adultery, then it may have an impact on your child custody agreement.
  • Alimony: In certain cases, if you are the financially dependent spouse and you can prove that your spouse squandered marital assets while committing adultery, there is a chance that you may receive a higher alimony payment, though this is certainly not a guarantee.

If you have any further questions or you are ready to get started, please do not hesitate to speak with our experienced New Jersey divorce attorneys today. We are here to help.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

Contact Us Today
Website Designed & Managed by