My spouse has been in an extramarital affair since January/February 2018.
I am sorry to hear about your situation. Unfortunately, New Jersey is a "no fault" state. Fault will play no part in the resolution of your marital issues whether it be alimony, equitable distribution, custody, etc. etc. You will get not more or no less based upon an extramarital affair, unless either or both of you agree to more or less.
I wish you luck in resolving your issues.
Thank you for your inquiry. Dealing with a spouse engaged in an extramarital affair can be a heartbreaking experience. In New Jersey, you may be able to proceed with a divorce on the grounds of irreconcilable differences, an 18-month separation, or adultery. For irreconcilable differences, you have to show that such differences existed for at least 6 months prior to the filing of the divorce complaint, that they continue to exist, and that there is no reasonable prospect of reconciliation. You do not have to live separate and apart to prove irreconcilable differences, unlike under an 18-month separation where you must have lived separate and apart for that period. For adultery, you will have to include specific details as to the alleged adulterous act(s), include the name and address of the person(s) with whom your spouse engaged in the adulterous act(s), and serve them with a copy of complaint for divorce. You may proceed under more than one ground for divorce in the same complaint. I recommend that you consult with an experienced New Jersey divorce attorney to discuss your particular circumstances and advise as to the best course of action for you.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey law. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
New Jersey is a no-fault state, so no conduct by your soon to be ex-husband will effect the financial issues. Your marriage is a very short term one. However, you should retain an experienced matrimonial attorney to represent you in this matter. Trying to represent yourself in any legal case is unwise and especially so in a divorce case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes, New Jersey is a “no fault” State.
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