Did my wife commit adultery by dating prior filing for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Did my wife commit adultery by dating prior filing for divorce?
My wife and I have lived in separate households for 6 months. No formal agreements were written because we discussed getting back together. I have recently discovered that she has been dating someone for several weeks or longer. As she started seeing someone prior to filing for divorce (or any legal separation) is this considered adultery?
Asked on May 13, 2012 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Probably technically, but the court will probably look at the entire picture and the fact that you have ben living separate and apart for 6 months may be the deciding factor. I know that it must be very difficult especially if you were discussing getting back together. What you need to determine is how "fault" is used to determine the issues in a dissolution in New Jersey (in some states it is a big factor; I do not think in New Jersey it is). Good luck.
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.