You just found a picture on your spouse’s phone of someone you do not know and has a phone number tied to that image. After a little investigation, you realize your spouse is having an affair. You may have had ideas in the past but now you realize it is true, your spouse is having an affair and who knows for how long and if this is the only person. When you confront your spouse, he gives you a puzzled look all the while he is thinking of the woman he is exchanging pictures with and has never met in person or someone your wife has never met and is also trying to date, you want to attack this issue NOW.
His puzzled look does not confirm or deny the existence of the affair but you are very mad and had enough, as we say in Italian, BASTA! So you want to file for divorce and take your spouse rerun for everything he has. While you do not need to catch someone cheating to obtain a divorce in New Jersey, if you decide to do so, you have to prove certain elements.
New Jersey Court Rule 5:4-2, adultery occurs when “one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery.” If your spouse starts a romantic relationship with someone else, this is sufficient to constitute adultery under New Jersey law, even if they don’t have sex with that person.
Now the only way to prevail on that claim, financially, is if the spouse who cheated used funds or did something to effect the financial status of the marital enterprise. For example, if your spouse, took a loan for $50,000 so he could help his mistress buy a home and a car with money from his 401k, that is an issue and that money would have to be accounted for and/or debited from anything that spouse would obtain when assets are equitably divided in the divorce court.
You may be hurt now, you may be hurt for a long time but the pain will subside, the wounds will heal and you will become both stronger and wiser. We, the divorce warriors of Jersey City will help you get there.
If you are in a relationship and your spouse has cheated, is cheating and you seek a divorce in New Jersey, contact my Jersey City team on 201-706-7910. For more information, visit main page on New Jersey Divorce Lawyers.