Is Adultery a Crime in New Jersey?
In the state of New Jersey, adultery is not considered a criminal offense. However, it is still considered a serious breach of marital vows and can have significant legal and social consequences.
What is Adultery?
Adultery is generally defined as voluntary sexual intercourse between a married person and someone other than their spouse. It is considered a form of infidelity and is often seen as a violation of the marriage contract.
Is Adultery a Crime in New Jersey?
As mentioned earlier, adultery is not considered a criminal offense in New Jersey. There is no specific law that makes adultery a crime. However, it is still considered a breach of contract and can lead to serious legal and social consequences.
Consequences of Adultery
While adultery is not a criminal offense, it can still have significant consequences for those involved. Here are some of the potential consequences:
- Divorce: Adultery is often considered a ground for divorce in New Jersey. If one spouse commits adultery, the other spouse may be able to file for divorce on the grounds of adultery.
- Loss of Custody: In the event of a divorce, a parent who has committed adultery may lose custody of their children.
- Loss of Child Support: A parent who has committed adultery may also lose their right to receive child support.
- Emotional Distress: Adultery can cause significant emotional distress for all parties involved, including the spouses and any children.
- Social Consequences: Adultery can also have significant social consequences, including damage to one’s reputation and relationships with friends and family.
Is Adultery a Ground for Divorce in New Jersey?
Yes, adultery is considered a ground for divorce in New Jersey. Under New Jersey law, adultery is considered a "cause" for divorce. This means that if one spouse commits adultery, the other spouse may be able to file for divorce on the grounds of adultery.
Table: Grounds for Divorce in New Jersey
| Ground for Divorce | Description |
|---|---|
| Adultery | Voluntary sexual intercourse between a married person and someone other than their spouse |
| Unreasonable Behavior | Behavior that is so egregious that it makes it impossible for the other spouse to continue the marriage |
| Abandonment | Willful desertion or abandonment of the other spouse |
| Insanity | A spouse who has been institutionalized for a period of at least 2 years due to mental illness |
| Irreconcilable Differences | Incompatibility that makes it impossible for the spouses to continue the marriage |
How to Prove Adultery
If you are considering filing for divorce on the grounds of adultery, you will need to be able to prove that your spouse committed adultery. Here are some of the ways you can prove adultery:
- Witness Testimony: You can call witnesses who have seen your spouse engaging in sexual activity with someone other than you.
- Physical Evidence: You can present physical evidence, such as hotel receipts or messages on your spouse’s phone, that shows your spouse was engaging in sexual activity with someone other than you.
- Admissions: Your spouse may have admitted to committing adultery in a conversation or in a written statement.
Conclusion
In conclusion, while adultery is not a criminal offense in New Jersey, it is still considered a serious breach of marital vows and can have significant legal and social consequences. If you are considering filing for divorce on the grounds of adultery, it is important to consult with an experienced divorce attorney who can help you navigate the legal process.
