Does Adultery Affect Divorce In NJ?

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 LINE

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

Topics: Alimony, Divorce Court

Understanding Spousal Support Entitlement for Unemployed Spouses in New Jersey Divorce Cases

Divorce proceedings can be complex, especially when one spouse has been primarily responsible for homemaking and caregiving duties while the other has been the primary breadwinner.

In New Jersey, the court recognizes the valuable contributions of a homemaker and primary custodial parent, even if they are not employed outside the home.

Understanding what an unemployed spouse is entitled to in a divorce is crucial for ensuring fair and just outcomes.

Let's delve into the intricacies of spousal support entitlement for unemployed spouses in New Jersey.

Recognizing Contributions as a Homemaker and Primary Custodial Parent

In New Jersey divorce cases, courts consider various factors when determining spousal support, also known as alimony.

One crucial factor is the contributions each spouse has made to the marriage, including contributions as a homemaker and primary custodial parent.

Despite not being employed outside the home, the contributions of the spouse who manages household responsibilities and cares for children are highly valued by the court.

Factors Considered in Determining Spousal Support

When setting spousal support, New Jersey courts take into account several factors to ensure fairness and equity. These factors may include:

Duration of the Marriage: The length of the marriage is a significant consideration. Longer marriages may result in higher spousal support awards.
Standard of Living During the Marriage: The lifestyle enjoyed by the couple during the marriage is an essential consideration. The court aims to maintain a similar standard of living for both spouses post-divorce to the extent possible.
Earning Capacity and Employability: The court assesses each spouse's earning capacity and potential for future employment. For the unemployed spouse who has been out of the workforce, the court may consider factors such as education, training, and job market conditions.
Child Custody Arrangements: If one spouse is the primary custodial parent, the court acknowledges the financial implications of caregiving responsibilities. Spousal support may be adjusted to reflect the custodial parent's need to care for the children.
Financial Needs and Resources of Each Spouse: The court examines the financial needs and resources of each spouse, including income, assets, and liabilities. Disparities in earning capacity and financial resources may influence the spousal support award.
Health and Age of Each Spouse: The health and age of each spouse are considered when determining spousal support. Health issues or advanced age may impact one's ability to secure employment and earn income.

Seeking Legal Guidance

Navigating the complexities of spousal support in a divorce case requires careful consideration of various factors and legal expertise.

If you are an unemployed spouse seeking fair treatment and adequate spousal support in your divorce proceedings, it is essential to consult with an experienced New Jersey divorce lawyer.

Conclusion

In New Jersey, unemployed spouses are entitled to fair consideration of their contributions as homemakers and primary custodial parents when it comes to spousal support in divorce cases.

By understanding the factors considered by the court and seeking legal guidance, unemployed spouses can ensure their rights are protected and secure a just outcome in their divorce proceedings.

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

If you are considering separating or filing for divorce, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.

undefined I'll show you how you can do it.

I've specialized in N.J. divorce law for 37 years.

I "get it" and I'm here to help.

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

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 based upon the particular facts of your situation.

I get emails from strangers all the time thanking me for making this information available to them online at no cost, and 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 even just beginning to think about getting a divorce here in New Jersey.

Are you ready to start turning things around?

The next move is up to you...!

Click one of the blue links on this page 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
Throughout New Jersey

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

Why an Experienced Divorce Lawyer is Worth the Higher Hourly Rate

Discover the undeniable benefits of hiring an experienced divorce lawyer at a higher hourly rate and why it's a wise investment for your case.

Question: Why pay thousands of dollars to a divorce lawyer to handle your divorce case in Monmouth County when legally you can do it yourself?

Topics: Divorce

Equitable Distribution of A Law Practice in a NJ Divorce

"Equitable distribution" means that assets and liabilities should be divided fairly between the spouses.

A spouse's interest in a law practice can be one of the most valuable assets to that couple.

When trying to divide the value of a law practice in a NJ divorce case, the Court takes into account many factors as it struggles to determine what is "fair" under the facts of that particular case.

This means that the Court must consider the value of the practice and the contributions made by both spouses.

The value of a law practice can be difficult to determine, as it is often tied up in both tangible and intangible assets.

For this reason, it is important to have the law practice appraised by a professional valuator.

The valuator will provide a forensic calculation of the law practice's worth, which can then be used to negotiate a settlement or as a basis for the Court to make a determination (if the case does not settle and must go to trial.)

One option for dividing a law practice is for the lawyer spouse to buy out the other's share.

This can be done through a lump-sum payment or through a payment plan over time.

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

The distribution of assets can be complex and confusing, particularly when it comes to the division of a dental practice.

The distribution of assets can be complex and confusing, particularly when it comes to the division of a medical practice.

Your Pre-Marital Home in a NJ Divorce

In a New Jersey divorce case, what happens to a house owned by one party prior to the marriage?

Understanding Fathers' Rights in Monmouth County

Monmouth County Family Court Judges take the rights of both parents very seriously.

In recent years, there has been a significant shift in the legal landscape surrounding parental rights, particularly with regard to fathers' rights in divorce and custody cases.

Gone are the days when mothers were automatically granted primary custody of their children while fathers were relegated to secondary roles.

Today, the legal system in New Jersey recognizes the importance of both parents in a child's life and strives to ensure that fathers have equal rights to their children.

Equal Parenting Time:

One of the fundamental principles guiding family law in New Jersey is the belief in shared parenting responsibilities.

This means that both parents, regardless of gender, have the right to actively participate in their children's lives and make important decisions regarding their upbringing.

In custody cases, the courts prioritize the best interests of the child above all else, which often translates to a shared parenting arrangement where both parents are granted significant time with their children.

Factors Considered by the Court:

When determining custody arrangements, Monmouth County judges consider a variety of factors to ensure that the arrangement serves the best interests of the child.

These factors may include:

The child's relationship with you and your spouse.
Each parent's ability to provide for the child's emotional, physical, and developmental needs.
The stability of each parent's home environment.
The child's preference, if they are of sufficient age and maturity (for example, in most situations, a 15 year old's wishes will have a lot more weight with the judge than a 7 year old's wishes will.)
Any history of domestic violence or substance abuse.

It's important to note that the court's decision is not based on the gender of the parents (you know...mom vs. dad) but rather on their individual abilities to meet the needs of their children.

Legal and Physical Custody:

In New Jersey, custody is divided into two types: legal custody and physical custody.

Legal custody refers to the right to make important decisions about the child's upbringing, including matters related to education, healthcare, and religion.

Physical custody, on the other hand, pertains to where the child will reside on a day-to-day basis.

In many cases, parents are awarded joint legal custody, meaning they share decision-making responsibilities.

As for physical custody, the court may grant joint physical custody, where the child spends roughly equal time with each parent, or primary physical custody to one parent with the other parent having generous parenting time rights.

Parenting Time:

Even if one parent is awarded primary physical custody, the non-custodial parent is entitled to regular parenting time.

This ensures that the child maintains a strong relationship with both parents and has the opportunity to spend quality time with each.

It's worth noting that parenting time arrangements can vary widely depending on the circumstances of the case, but the overarching goal is to facilitate meaningful and ongoing involvement by both parents in their child's life.

Enforcing Fathers' Rights:

In cases where a father feels that his rights are being overlooked or undermined, it's crucial to seek legal representation from an experienced family law attorney.

A knowledgeable lawyer can advocate for the father's rights and work to ensure that the custody arrangement is fair and in the best interests of the child.

Final Thoughts:

In New Jersey, fathers have equal rights to their children in divorce and custody cases.

NJ Family Court Judges take this concept seriously.

The legal system recognizes the importance of both parents in a child's life and strives to create custody arrangements that promote the child's best interests while respecting the rights of both parents.

By understanding their rights and working with skilled legal professionals, fathers can play an active and meaningful role in their children's lives following a divorce or separation.

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

If you are a father seeking to protect your rights to your child, the most important thing for you to do before doing anything else is to learn the basics of NJ law in the area of child custody and separation and divorce.

undefined Stick around here for a while. I'll teach you what you need to know.

At no cost.

I've specialized in divorce and child custody in New Jersey for 37 years, and I've successfully represented many fathers against mothers who do not want them to be an equal part of their child's life.

I "get it" and I'm here to help.

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

Every divorce or custody 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 based upon the particular facts of your situation.

I get emails from strangers all the time thanking me for making this information available to them online at no cost, and 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 even just beginning to think about getting a divorce or filing for custody here in New Jersey.

Are you ready to start turning things around?

The next move is up to you...!

CLICK HERE and begin learning how to get the "edge" in YOUR New Jersey divorce or child custody 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

Has Your Spouse Abandoned You?

Do you live in New Jersey?

Has your spouse deserted you?

If so, you can choose to file for divorce based upon desertion (although there may be better grounds...that will be discussed in another article on this site.)

In NJ, the concept of "desertion" is defined as "willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife".

This one-year requirement ensures the judge that the abandonment is not merely a temporary separation.

Documentation of your spouse's departure, witness testimonies, and communication records play a role in establishing the timeline and intent behind your spouse's desertion.

Moreover, providing evidence of your attempts to reconcile or your spouse's refusal to engage in reconciliation efforts will strengthen your case.

Whether you file for divorce based upon abandonment or another ground is not likely to affect the end result of your case, in my experience.

It is possible that the court may consider the circumstances surrounding the desertion when determining what is fair to you under the facts of your particular case, but not likely.

Additionally, alimony awards may be affected by the financial impact of abandonment on you, although that too is unlikely in my experience.

If you have children, desertion can impact custody determinations.

That is because N.J. family court judges prioritize the best interests of the child, taking into account factors such as parental stability, involvement, and the ability to provide a nurturing environment.

If your spouse has abandoned not only you but your children as well, then the judge may consider the deserting parent's commitment to the child's well-being and involvement in their life when making custody decisions.

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

I know that being deserted by your spouse is painful.

Notwithstanding the pain, "desertion" is only one of 9 grounds for divorce in New Jersey.

Even though you CAN file based upon desertion, it might be in your best interest to file based upon another ground.

If you are considering separating or filing for divorce, the most important thing for you to do before doing anything else as to learn how to protect yourself, your children, and your assets.

That includes getting an understanding of the most useful ground or grounds for divorce that NJ offers to you.

Does Adultery Affect Divorce In NJ?

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

Understanding Spousal Support Entitlement for Unemployed Spouses in New Jersey Divorce Cases

Why an Experienced Divorce Lawyer is Worth the Higher Hourly Rate

Why It's A Terrible Idea To Divorce Without A Very Good Lawyer

Equitable Distribution of A Law Practice in a NJ Divorce

Equitable Distribution of A Dental Practice in a NJ Divorce

Equitable Distribution of A Medical Practice in a NJ Divorce

Your Pre-Marital Home in a NJ Divorce

Understanding Fathers' Rights in Monmouth County

Has Your Spouse Abandoned You?