Does Adultery Impact A Divorce Case?

Extramarital Affairs In Divorce

shutterstock_2422927751Many times, clients come in or call the office and tell me that their spouse has cheated on them and are looking to file for divorce from that person. While we understand and sympathize with the devastation and betrayal that you might be feeling during this time, it is unfortunately not a factor that will help you during the divorce proceedings. If your spouse has cheated on you with another person, the court system does not look at that as meaningful in regard to custody, or in regard to support. The court does take cheating as a grounds to file for divorce but other than that, they don’t consider it a reason to grant you any extra maintenance or have your way in a custody agreement. The court has changed from the 1940s when that was taken into consideration, but it is no longer taken into consideration.

However, despite the fact that a cheating spouse won’t help you in certain parts of your divorce proceedings, this information can help you in some other ways. It is valuable information for you to know that the court might require your spouse to re-pay you for at least half of any of the combined marital funds that were spent on the extramarital relationship with the third party. If you believe that the spouse that participated in an extramarital affair and spent combined marital funds, one of the best things you can do during this difficult time is to get in contact with an experienced attorney that can recoup some of those funds for you.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.