Adultery- Why It Still Matters in NJ Divorce Court New Jersey Divorce By Santo Artusa on September 24, 2020

Adultery aka Cheating on your spouse in New Jersey Divorce Court, Extreme Cruelty or vice versa is still an important cause of action in New Jersey Divorce and Family Courts. While New Jersey is considered a no-fault state in terms of divorce, adultery can come into play in a divorce case on many different levels. Extreme cruelty can also be a cause of action used in a divorce that can help build your case for child custody, equitable distribution and other important legal issues related to divorce or a dissolution of a marriage. As a New Jersey divorce lawyer and child custody attorney, I guide clients in bringing the strongest case they have to the New Jersey Superior Courts. While many times I advise against filing under adutery, there are many other times I advise to file under adultery or extreme cruetly. 

If New Jersey is a no-fault state, why should I bring a case for adultery? 

Let us say that your spouse wants full custody of the children and she claims she is always with the kids and does everything for them. However, you learn she is having an affair and leaves the children home for 10 hours at a time or longer, do you think adultery is relevent then? I do. Or let's say your spouse is spending large sums of money every month on her paramour and has done so for years, this can be used for equitable distribution at times and is worth including adultery into the cause of action. 

My Wife is Cheating on Me, Do I Still Need to Pay Alimony? 

This is case sensitive and adultery alone will not prevent an award of alimony however if he or she would live with another man or woman that pays etc, alimony can be terminated. 

My Spouse Had an Affair and Now Has Another Child, Will this Lower My Alimony or Child Support For My Kids in the Divorce? 

Another child can lower the amount you receive in child support but may not hurt the amount you receive in alimony from your spouse. 

My Spouse Hit Me Many Times, Can I Obtain More Alimony because of this Extreme Cruelty?

Based on the violence no but If I were the Defendant I wouldn't want the decider of fact (The Judge) to hear all of the details! 

So while this article/blog is short, adultery and extreme cruelty can be used to help many aspects of your divorce case in New Jersey. If you are seeking to file for divorce or defend against adultery claims, extreme cruelty and the like, contact our Jersey City, NJ office on 973-337-9643 via phone or text. 



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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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