QUESTION
Can I file for divorce on the grounds of myself committing adultery?
Asked on Dec 08th, 2019 on Divorce - New Jersey
More details to this question:
I got married Feb 14th 2017 in NJ and then relocated to Florida for 17 months. On November 1st I left my husband in Florida and returned to NJ with my 2 children (1 child is from the current marriage). I admit to having an affair and leaving my husband for him. Also my husband has now moved in his new girlfriend which I believe he has been having an affair as well. He refuses to divorce me and demands that I file even though he can prove my adultery and i cant. He is gang related and I am scared. I have not lived back in nj for 6 months yet and I also can't prove his adultery. Can I file for divorce on the grounds of myself committing adultery? Also I only left NJ for 17 months, so could that help me get pass the 6 month new resident period?
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Thank you for your question. The only reason you might file under adultery is to meet the requirements because there is no time requirement under adultery, as opposed to the six months irreconcilable differences must exists as a grounds for divorce, but you or your spouse will need to provide an affidavit attesting that one of you is a New Jersey resident at the time of the filing. Please keep in mind that you would have to prove the grounds for adultery. However, you must separate the grounds from divorce from the jurisdiction requirement that you are a resident of the state for at least 12 months. I suggest you consult an experienced attorney to further discuss this.
Answered on Dec 09th, 2019 at 2:00 PM
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