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.

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

A very nice woman (let's call her "Susan"), who was frightened out of her mind, hired me recently.

She had just been informed an hour earlier that her husband hired a divorce lawyer, filed for divorce, and that her divorce case was scheduled for TRIAL in 2 days!

The email from the husband's lawyer gave her the address of the Courthouse, but told her that she "...really didn't need to appear in Court."

A very nice woman ("Susan"), frightened out of her mind, hired me recently.

She told me how she had been informed by an email from her husband's lawyer an hour earlier that her divorce case was scheduled for TRIAL in 2 days, gave her the address of the courthouse, but told her that she really didn't need to appear in Court.

It has often been said that 99 out of 100 NJ Divorce Cases are ultimately settled, and that only 1 out of 100 divorce cases in New Jersey actually result in a trial before a Family Court judge.

The way that a case is most often settled is through the use of a custom drafted document called a Separation Agreement (also called a Matrimonial Settlement Agreement (MSA) or an Interspousal Agreement or a Property Settlement Agreement.)

There are many names for the same type of document.

Drafting a Separation Agreement (MSA) in a NJ divorce case is not an easy task. It is sort of the metaphorical equivalent to what a sculptor faces when he sits down to create a sculpture. 

I'm not a sculptor. I have never tried sculpting from a block of rock.

Yet I imagine that if I were a sculptor, I would start with a square block of stone.

I imagine that I would have a general idea of what I intended my final project to ultimately look like before I started chipping away at that stone.

It has often been said that 99 out of 100 NJ Divorce Cases are ultimately settled, and that only 1 out of 100 divorce cases in New Jersey actually result in a trial before a Family Court judge.

The way that a case is most often settled is through the use of a custom drafted document called a Separation Agreement (also called a Matrimonial Settlement Agreement (MSA) or an Interspousal Agreement or a Property Settlement Agreement.)

There are many names for the same type of document.

Drafting a Separation Agreement (MSA) in a NJ divorce case is not an easy task. It is sort of the metaphorical equivalent to what a sculptor faces when he sits down to create a sculpture. 

I'm not a sculptor. I have never tried sculpting from a block of rock.

Yet I imagine that if I were a sculptor, I would start with a square block of stone.

I imagine that I would have a general idea of what I intended my final project to ultimately look like before I started chipping away at that stone.

Question: "What is a New Jersey divorce trial like?"

You no longer live in New Jersey but your kids do.

And unfortunately you are having child custody related issues.

If you are looking to hire a good NJ child custody lawyer, then I can help you.

In the mean time, here are my top 10 thoughts about custody laws in New Jersey. I hope that they are useful to you:

1. This first article will teach you about JOINT CUSTODY.