Kaplan Divorce Blog

Does Adultery Affect Divorce In NJ?

Written by Steven J. Kaplan, Esq. | February 25, 2024

No.

Well, almost always "no" is a better answer.

As a New Jersey Divorce Attorney, I get many questions from potential clients about adultery.

There is a lot of confusion out there about how NJ divorce court judges treat people who have been unfaithful to their spouses.

The fact is, some states "punish" someone who commits adultery.

New Jersey rarely "punishes" anyone.

And I've NEVER seen anyone punished by a judge in any way during my 37 years of practicing divorce law here.

That is to say, in most cases, the fact that one side committed adultery will not affect alimony, child support, property distribution, child custody or parenting time.

I understand that if your spouse cheated on you and you are looking for reliable information online about what your "rights" are, this article may not be what you were hoping to hear.

After all, you and your spouse both made a commitment NOT to cheat, and your spouse broke that commitment.

That is wrong, and you are looking for a remedy.

In New Jersey, the only realistic "remedy" is staying together (either with or without marriage counseling) or separating from or divorcing your spouse.

The Judge is not going to make your spouse "pay" for his or her mistake.

In some other states, judges DO penalize spouses who have committed adultery.

Not so in New Jersey.

I remember vividly my first adultery case as a young divorce lawyer, the first time that I was asked by a new potential client about the likely affect of her own adultery on her upcoming divorce. 

It was September 1987 and I had just been hired.

The Senior Partner brought a new potential client in to meet with me. "Mr. Jones, this is your lawyer, Mr. Kaplan."

Then he left.

My first client! (That was over 5000 clients ago...)

At some point during our consultation, the client asked me if it would hurt her case if her husband found out that she had a boyfriend.

I was a brand-new young lawyer and I didn't know the answer.

So I told her the truth: "...I don't know the answer to your question. But let's find out..."

I went back to the Senior Partner and told him the client's question.

He stormed back into my office.

Looking at the potential client, he said, "You could have sex with [he didn't say "sex with"...he used a powerfully descriptive four letter word...anyway] the entire NY Giants football team and it won't affect your husband's alimony obligation to you!"

Then he turned around and stormed back out (he was very knowledgeable about divorce, and he loved the Giants, but sensitivity was not his strong point.)

But he was correct...

THE BOTTOM LIN

Divorce is a challenging and emotional experience.

If your spouse committed adultery, you have some serious soul-searching to do to determine if counseling is the route that you wish to take or if divorce might be in your future.

If it might be helpful to you, I'd be happy to provide you with the names of some marriage counselors who have helped some of my prior clients.

Just call my office at (732) 845-9010 and Valerie will be able to help you.


THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM

Finding out that your spouse has committed adultery is painful.

Some marriages can survive it.

Others cannot.

If your spouse committed adultery and you are considering separating or filing for divorce here in N.J., the most important thing for you to do is to learn how to protect yourself, your children, and your assets.

Stick around this website and I'll show you how you can do it.

And be certain to check out STEVE KAPLAN'S DIVORCE COURSE.

I've specialized in NJ divorce law for 37 years, and I've successfully represented many people against spouses who have committed adultery.

I "get it" and I'm here to help. 

My course will teach you how to turn your situation around to your advantage.

Getting a divorce requires you to make many important decisions.

Making a wrong decision can be the difference between getting a good result and getting a bad result.

Getting "the edge" in your divorce case comes down to this: making the right decisions.

And every divorce case is different.

My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions for you, based upon the specific facts of your case.

You will get my best articles on every divorce-related topic.

I get emails from strangers all the time thanking me for making this information available to them online at no cost.

I'm pretty certain that you, too, will get a lot of value from my emails.

And if you want to stop the emails, I made it really easy for you to do that... One click on any email stops the course.

But few people do that...because the material is really helpful to anyone who is thinking about getting a divorce in New Jersey.

Are you ready to start turning things around?

The next move is up to you...!

Click the link above and begin learning how to get the "edge" in YOUR New Jersey divorce case.

Until next time,

Steve
Steven J. Kaplan, Esq.

Specializing In Divorce
In Monmouth County

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010