Bridgewater Family Law Firm: How Do I File a Divorce Based on Adultery?

In New Jersey, people have the right to file for Divorce based on Adultery. But how does that work?

In order to file for divorce under Adultery, N.J.S.A. 2A:34-2, your lawyer will need to draft a Formal Complaint that includes specific examples of the adulterous acts and which also names the person who is committing Adultery with your spouse. In addition, your lawyer also will have to serve upon the other person a formal document called a “Notice to Co-Respondent.” After receiving that formal document, the person will have an opportunity to respond to the allegations in your Complaint. Discovery could ensue and ultimately there could be testimony in open court on the day of your Divorce regarding the details of the alleged Adultery.

All that being said, however, as a practical matter and for reasons of judicial economy, most New Jersey Family Judges do not permit testimony on Adultery, and in most Divorces, the affair has no bearing on the final outcome of the case. There are exceptions if a large portion of marital money was used to fund the Adultery, or if the person that is committing Adultery poses a true and real danger to your children. Therefore, in most cases, the only “advantage” to filing Divorce based on Adultery is the “personal political advantage” that may help with friends, relatives, or the like.

Contact the New Jersey Family Law Firm of Lyons & Associates Today

If you or someone you know has a question about adultery or any other aspect of the divorce process, contact one of the skilled attorneys at Lyons & Associates at 908-575-9777. Call Lyons & Associates for a consultation today at 908-575-9777. You can also fill out our online intake form.