The Bottom Line on Infidelity as a Reason for Divorce

Posted February 6th, 2018 by .

Categories: Family Law.

Reason for DivorceSurely you’ve heard that hell hath no fury like a woman scorned. Lest you think otherwise, the same is easily true for male victims of infidelity. Statically, adultery seems to be on the rise. However, it is by no means the leading cause of divorce.

More than likely, technology has contributed to the increase in cheating spouses. A woman does a quick social media search and finds her old high school boyfriend. At first, it’s a matter of curiosity. The two start chatting and decide to meet up to reminisce about old times. You can guess where the story goes from there. Before they know it, the high school sweethearts become secret lovers. In fact, it may be their decision to divorce their respective spouses.

A professional salesperson travels around the country for business. Since he visits the same customers routinely, he often stays in the same hotel. As a married man, it’s never occurred to the salesman to even flirt with another woman. However, he does have his dinner in the hotel bar. After a few drinks, the gentleman loses his inhibitions and cheats on his wife.

In some cases, a spouse may decide to overlook infidelity. It may be too confusing to divide assets or disturb the children. Additionally, different sets of circumstances may be a determining factor. For some, it’s far easier to forgive a casual fling. Others may only consider a long time affair as a reason to file for divorce.

A Divorce Based on Revenge

It’s a common misconception. When someone betrays your trust, revenge may seem the best recourse. According to NJSA 2A:34-2, adultery is absolutely recognized as a cause of action for divorce. However, if you think that calling your spouse out will get you more, you are mistaken.

That’s not to say that you can’t use your spouse’s infidelity as grounds to file a divorce complaint. However, you will need to prove that your husband or wife cheated on you. Indeed, you might also like the added benefit of naming his or her lover as a co-respondent. The embarrassment alone might help you feel vindicated.

Once again, there’s a reason that only select divorce complaints are based on adultery. The truth is that it’s less stressful and less expensive to file for a no-fault divorce. In fact, the whole process often goes faster.

In New Jersey, your spouse’s infidelity will not be punished in divorce court. For example, the New Jersey Child Support Guidelines are solely based on income and expenses. There is no separate award for individuals whose divorce is premised on one spouse’s adultery or other marital misconduct. The same holds true for equitable distribution and spousal support.

All things considered, you may still want the final divorce decree to show a finding of fault. This is certainly your right and something you should discuss with an experienced family law attorney.

When You are Considering Divorce

For many, divorce is the end of a dream. That said, some may think of divorce as leaving a nightmare. At the Law Offices of Anthony Carbone, we are happy to help you in either case. Contact us for a complimentary meeting to see how we can assist you.


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