Bergen County Adultery Divorce Lawyer
If you are filing for divorce because of your spouse’s extramarital affair, you may be unsure about the proper methods for having your marriage dissolved. Fortunately, a Bergen County adultery divorce lawyer could be a helpful resource and advocate during the dissolution of a union. Consider retaining an experienced divorce attorney to guide you through the process.
Adultery Divorce in Bergen County
In New Jersey Revised Statutes §2A:34-2, adultery is the first of nine separate rationales on which a valid divorce may be based. However, another option that may be easier to prove is irreconcilable differences for six months or more, which can be a viable ground for divorce even when adultery is suspected.
There is a residency requirement of one year before a party may file for divorce in Bergen County. However, the regulation may not apply to divorce actions which allege adultery.
N.J.R.S. §2A:34-10 states when adultery is the cause of the dissolution of the union, the one-year residency requirement may be waived. An adept Bergen County adultery divorce attorney may be able to offer advice on other implications of citing infidelity as the cause for the dissolution of a marriage.
The Effect of Adultery on Child Custody in Bergen County
Courts in Bergen County are required to promote the rights of each parent to spend time with their children after a couple has split. Under N.J.R.S. §9:2-4, a court in Bergen County may make an effort to facilitate “frequent and continuing contact with both parents.”
Even in cases where one spouse has been unfaithful, local courts generally do not punish a cheating partner by depriving them of visitation time or shared custody of their children. That being said, a skilled adultery divorce lawyer in Bergen County could make an argument that the ex-spouse’s new partner should not be around the children during visitation, as it is not in the best interests of the children.
Changes to Alimony When an Ex-Spouse Marries Their Affair Partner
A Bergen County court may consider a variety of factors when deciding whether a partner is entitled to spousal maintenance. Generally, adultery would not play a role in this decision.
Per N.J.R.S. §2A:34-25, however, alimony is supposed to be terminated after the receiver forms a civil union with a new spouse. A capable family attorney might be able to assist a spouse who is still paying spousal maintenance to have the order discontinued after their partner remarries. This could save a great deal of money and stress over time.
Talk with a Bergen County Adultery Divorce Attorney
If your partner has committed adultery, it could serve as valid legal grounds to file divorce from them. A competent Bergen County adultery divorce lawyer may be able to help a deceived spouse get out of a marriage affected by such circumstances.
The process of divorce can be difficult and messy, but an experienced attorney can act as your guide throughout the entire process. Call today to schedule a consultation about ending your marriage to an unfaithful partner.
