My spouse has been unfaithful. Do I need any evidence to get a divorce?

By Jennie Osborne
July 18, 2013
NJ FAQ/Infidelity Issues

The short answer is that, in New Jersey, you do not need to have evidence of adultery in order to obtain a divorce, it does not make it easier to obtain a divorce because of this, and you will not get more alimony.

The longer answer is, if you have evidence that your spouse may have been unfaithful, you can raise it in the Complaint for Divorce but it will require that you name the person with whom your spouse was cheating (or any available information to describe that person). You will also need to have the dates, times, places and circumstances about the acts of adultery. You do not need to have photographs, private investigator reports, videos, eye-witnesses, or written documents (such as hotel receipts) to obtain a divorce based on adultery.

If you do have evidence of your spouse committing adultery, it does not make it easier to get a divorce because your spouse could ask for a divorce on the basis of irreconcilable differences that existed for six months before you filed for divorce.

Just because your spouse was unfaithful, you will not be entitled to more alimony. In New Jersey, alimony is not awarded on the basis of fault because this State is a "no fault" divorce State. Alimony is based upon factors set forth in the divorce statutes of the state. These laws set forth 13 different factors that the Court must consider in determining:(a) the type of alimony to be awarded,
(b) the duration or term of alimony, and
(c) the amount of an alimony award.

While this is a short answer, an experienced family law attorney can provide you with all of the information you need to thoroughly answer your question.

Jennie Osborne is a family law lawyer with the Denville, NJ firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. She practices in the area of family law, including matrimonial, custody, domestic violence, and non-dissolution matters. She can be reached at (973) 627-7300. View her firm's Divorce Magazine profile.

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July 18, 2013
Categories:  FAQs

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