If you are someone who is currently going through a divorce, you most likely have a lot on your mind, especially if you believe that your divorce was simply not your fault. For example, the act of adultery is often enough to end a marriage, and if your spouse cheated on you, you may believe that the divorce was his or her fault, and for good reason. That being said, while you may think that mentioning this during the litigation process may impact the outcome of your divorce in your favor, the truth is, this is seldom the case. Read on and reach out to our New Jersey divorce attorneys to learn more about citing fault grounds and how our firm can assist you. Here are some of the questions you may have:

Why shouldn’t I tell the courts about the act of adultery that led to our divorce?

New Jersey is a “no-fault” state, meaning you do not have to cite fault grounds, and often, you shouldn’t. In most cases, citing fault grounds has very little, if any impact at all on your divorce. Furthermore, citing fault grounds gives your spouse a chance to rebut your accusations, often making for a longer, more hostile experience. In most cases, it is simply best to file a no-fault divorce.

Can citing adultery benefit me in any way?

Generally, it cannot, however, there are certain circumstances where citing adultery as a fault ground for your divorce may have an impact on the outcome of your divorce. Take a look at some of the most common divorce-related issues to learn about whether citing adultery may have an impact on their terms.

  • Child Custody and Child Support: Generally speaking, child custody and child support terms will not be affecting by an act of adultery, however, if you can demonstrate that your spouse endangered your child while committing an act of adultery, you may receive a favorable custody agreement.
  • Division of Assets: In most cases, the equitable distribution process, wherein the courts will determine who gets which assets, is unaffected by citing fault grounds.
  • Alimony: If you can prove that you were the financially dependent spouse over the course of your marriage and you cite adultery as a fault ground, there is a chance that the court may order a higher alimony payment from your spouse.

If you have any additional questions, give our New Jersey divorce attorneys a call today.


If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.