Will Cheating Affect My Divorce Case?

Infidelity can strain even the most resilient of marriages, often leading to the difficult decision to divorce. If you're contemplating divorce in New Jersey and wondering whether your or your spouse's cheating will impact the proceedings, you're not alone; we are here to answer your questions and support you every step of the way. 

The short answer is that, in general, cheating does not affect aspects of the divorce, but there are some circumstances where it is affected.

For example, if your spouse used marital funds to financially support their affair or spent excessive amounts of money on their paramour, this could be taken into consideration during asset distribution and alimony decisions. 

At Schwartz, Hanna, Olsen, & Taus, P.C., in Middlesex County, New Jersey, our divorce attorneys are here to help you understand how cheating influences various aspects of divorce cases in New Jersey, including alimony, asset distribution, and child custody, to provide you with a clearer understanding of what to expect. 

Understanding Cheating in the Context of Divorce 

Infidelity, commonly referred to as cheating, involves a married person engaging in a romantic or sexual relationship outside their marriage. In New Jersey, infidelity is recognized as a ground for divorce, but its impact on the divorce process can vary. 

Is New Jersey a Fault or No-Fault State? 

New Jersey is a no-fault divorce state, meaning you don't need to prove your spouse's wrongdoing to get a divorce. Instead, you can cite "irreconcilable differences" as the reason. However, you can still file for a fault-based divorce on grounds like adultery, which may impact certain aspects of the case. 

While New Jersey allows no-fault divorces, citing infidelity can still play a role in your proceedings. It's essential to understand how this can affect various elements like child custody, asset division, and alimony. 

Impact of Cheating on Divorce Proceedings 

Understanding the potential repercussions of infidelity on your divorce proceedings is crucial when knowing what next steps to take. 

Effects on Child Custody Arrangements 

When it comes to child custody, the primary concern is the child's best interests, and cheating will generally not affect child custody arrangements. Courts generally focus on factors like each parent's ability to provide a stable environment rather than their moral conduct. However, if infidelity has affected the child or the parent-child relationship, it could influence the judge's decision. 

Effects on Division of Marital Assets 

In New Jersey, marital assets are divided equitably, not necessarily equally. While adultery doesn't usually impact asset division, it can if marital funds were used to support the affair. For instance, if your spouse spent significant money on gifts or trips for their lover, you might receive a larger share of the marital assets to compensate. 

Effects on Alimony 

Alimony or spousal support is never automatically granted to either spouse. New Jersey courts consider several factors when awarding alimony, including the needs of the dependent spouse and the ability of the other spouse to pay. While infidelity alone won't determine alimony, it could be a factor if it significantly impacted the marriage's breakdown. 

Strategies for Dealing With Cheating in a Divorce 

Gathering evidence of infidelity can be tricky but vital. Photos, messages, or financial records showing expenditures related to the affair can be useful. Consulting with a New Jersey divorce lawyer can help you handle this evidence properly, ensuring it's admissible in court. 

Divorce is emotionally draining, and infidelity can make it even more challenging. Seeking emotional support from friends, family, or professional counselors can help you cope better. Many find that joining support groups or talking to a therapist offers valuable relief and perspective. 

Frequently Asked Questions 

Is Cheating Illegal in New Jersey? 

No, cheating is not illegal in New Jersey. While infidelity is recognized as a grounds for divorce, it is not a criminal offense. However, if marital funds were used to support the affair, it could impact the financial settlement during the divorce proceedings. 

Is It Illegal for the Spouse to Use Shared Funds on the Boyfriend/Girlfriend They're Cheating With? 

While it is not illegal for a spouse to use shared funds on their boyfriend or girlfriend, such actions can have significant implications during divorce proceedings. In New Jersey, although infidelity itself is not a criminal offense, misusing marital funds to support an affair can affect the financial aspects of the divorce. The court may consider this behavior when dividing assets and determining alimony.  

If it is proven that one spouse used marital assets for the benefit of their extramarital partner, the court might award a larger portion of the remaining assets to the aggrieved spouse to ensure a fair distribution. Therefore, while not illegal, spending shared funds on an affair can lead to financial repercussions in a divorce settlement. 

How Does Infidelity Impact Mediation During Divorce? 

Infidelity can make mediation more challenging, particularly if emotions run high. However, many couples still successfully mediate their divorce terms even when infidelity is involved. Professional mediators are trained to handle these situations impartially, helping both parties focus on resolving practical issues rather than dwelling on the betrayal. 

Should I Hire a Private Investigator to Prove Infidelity? 

Whether to hire a private investigator depends on your specific situation. Evidence of infidelity can be pertinent in cases involving misallocation of marital funds or when seeking fault-based divorce grounds. Legal advice should be sought to determine the necessity and potential benefits of employing a private investigator, as well as to ensure any evidence gathered is admissible in court. 

Get Advice Today 

While infidelity can impact certain aspects of your divorce, the primary focus remains on achieving a fair and equitable resolution. 

If you're dealing with a divorce involving infidelity, seeking professional legal counsel is crucial. Our skilled family law attorneys at Schwartz, Hanna, Olsen & Taus, P.C. will help you through your divorce and other family law issues, no matter your situation. If you're located in the New Jersey areas of Somerset County, Morris County, Passaic County, Essex County, and Bergen County, or anywhere else in the state, contact us today for a consultation.