The answer to this question is no. New Jersey is a no-fault divorce state. What this means is that courts do not delve into couples' personal lives when making decisions regarding how to distribute the marital assets or how much, if any alimony should be awarded. The court simply does not have the manpower to investigate all allegations of marital infidelity. The courts do not install cameras in your home and cannot determine who is the “bad” person in the marriage.
Marital fault is only relevant in a New Jersey divorce if it is extreme in nature. Marital fault has no impact on alimony award unless murder, manslaughter, aggravated assault, or some other outrageous criminal-type conduct is involved. A person convicted of attempting or conspiring to commit murder will not receive alimony from the victim.
If one party commits marital waste and spends marital funds on a third party, that type of conduct may have some relevancy in determining the distribution of the marital assets.
Adultery also does not in and of itself affect child custody determinations. Only in the rare instances if the children are somehow placed in danger or if the party allows a significant other who has a drug or alcohol problem near the children will that be relevant to the court's ultimate determination pertaining to custody.
Should you have any questions or concerns relative to the role of marital fault in your New Jersey divorce call the Ocean County Divorce lawyers at the Villani and DeLuca law firm today.