Can I get alimony and full sole custody of my child if I have evidence of my husband’s adultery?

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Can I get alimony and full sole custody of my child if I have evidence of my husband’s adultery?

I’ve been married for 2 years and caught my husband cheating for the 3rd time. However now I’m pregnant and want a divorce. I have recordings of him being very abusive towards me, and I have all the emails from him cheating. Is this enough I’m in the state of NJ? He is in law enforcement.

Asked on July 20, 2011 New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general rule, adultery is not as a factor in determining alimony. However, it is a factor in establishing the amount of alimony that is "fit, reasonable and just". In other words, whether or not an alimony award is granted by the court depends on factors other than the commission of adultery. However once it is determined that alimony will be awarded, the adultery can be a factor in determining the amount of alimony.

As far as the issue of child custody, as a general rule adultery bears little relevance to the issue. However one possible impact of such behavior on the determination of custody would be if the adulterous spouse had introduced their lover into the lives of the children. Another thing that will be taken into consideration is the lover's character and behavior to the extent it affects the children. For example, if they are a sex offender, drug addict, alcoholic, violent, or the like, this could negatively impact the at fault spouse's custody rights. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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