Adultery, once a criminal offense in many states, is now largely a matter of civil rather than criminal law. This is true in New Jersey as well. While it's not illegal to commit adultery in NJ, it does have legal implications, primarily within the context of divorce proceedings. Let's delve into the specifics.
Is Adultery a Crime in New Jersey?
No, adultery is not a crime in New Jersey. It's not a violation of any state criminal statutes. You won't face arrest or jail time for having an extramarital affair.
Can Adultery Affect a Divorce Case in New Jersey?
While not a crime, adultery can significantly impact a divorce case in New Jersey. It's considered a fault ground for divorce, meaning it can be used to support a claim of fault-based divorce. This can affect several aspects of the divorce proceedings, including:
- Alimony (Spousal Support): Evidence of adultery might influence the judge's decision regarding the amount and duration of alimony. The adulterous spouse might receive less alimony, or it could be terminated altogether, depending on the specific circumstances.
- Equitable Distribution of Assets: Although less common, evidence of adultery could theoretically influence the equitable distribution of marital assets. However, this is less likely than its impact on alimony. The judge primarily focuses on fairness and the contributions of each spouse to the marriage.
- Child Custody and Visitation: While adultery itself doesn't automatically affect child custody, it can indirectly impact the determination if it demonstrates a pattern of behavior that's detrimental to the child's well-being.
What Constitutes Adultery in New Jersey Divorce Cases?
New Jersey courts generally define adultery as a voluntary sexual intercourse between a married person and someone other than their spouse. The crucial element is the voluntary nature of the act. A forced or coerced encounter wouldn't typically be considered adultery. Furthermore, proving adultery requires strong evidence, such as witness testimony, photographs, or text messages. Mere suspicion or rumors are generally insufficient.
What if My Spouse Admitted to Adultery?
An admission of adultery from your spouse strengthens your case considerably. However, it's still vital to present this admission as part of a broader body of evidence to the court. A simple admission might not be enough to sway the judge's decision on its own.
How is Adultery Proven in Court?
Proving adultery requires a high standard of proof. It is typically established through credible evidence, including but not limited to:
- Witness Testimony: Testimony from individuals who witnessed the adulterous act.
- Photographs or Videos: Visual evidence directly depicting the adulterous act.
- Text Messages or Emails: Electronic communications that demonstrate the affair.
- Hotel Records or Credit Card Statements: Financial records that support the claim of an extramarital relationship.
Can I Sue My Spouse for Adultery in New Jersey?
While you can't sue your spouse for damages specifically because of adultery in New Jersey, the grounds of adultery can influence the financial aspects of your divorce settlement as previously discussed.
This information is for educational purposes only and should not be considered legal advice. If you are facing a divorce involving adultery, it's strongly recommended that you consult with a qualified New Jersey divorce attorney to understand your specific rights and options. They can provide personalized guidance based on the unique details of your case.
