How much proof do you need in order to file a divorce on the grounds of adultery?

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How much proof do you need in order to file a divorce on the grounds of adultery?

Asked on September 8, 2012 under Family Law, New Jersey

Answers:

Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

If that will be the only reason you seek a divorce, you should have the name of the individual and dates and locations where you believe the adulterery occurred. Otherwise, you may not be able to sustain the burden of proof for it. However, the grounds for your divorce, whether adultery, irreconcilable differences or any other reason under New Jersey law, will not affect the outcome of your divorce case.

Accordingly, I would recommend you add a count for a irreconcilable differences in addition to adultery because it is much easier to sustain the burden of proof for irreconcilable differences. That way, you ensure that you will be able to get divorced regardless of your level of proof issue.

If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100.  Our firm is concentrated in family law and estate planning case.

Good luck.

Brad M. Micklin, Esq.

The Micklin Law Group

187 Washington Ave., Suite 2F

Nutley, NJ 07110

973-562-0100

[email protected] 

BARRY BESSER / LAW OFFICES OF BARRY I. BESSER

Answered 8 years ago | Contributor

California is a no-fault State, therefore, you do not need to show adultry.  If you want a divorce, there is nothing that the other party can do to prevent it.  it is always advisable to consult with an attorney to make sure that your case is properly dealt with.


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