Adultery Law in New Jersey

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 
Legally Reviewed
Fact-Checked

 What Is Adultery in New Jersey?

Adultery law provides that adultery occurs when a married person has a sexual relationship with a person other than their spouse. In New Jersey, adultery is not a criminal offense.

Adultery, however, can still be used as grounds for a divorce or as arguments for certain division of property. A non-cheating spouse may be able to request a larger share of the marital property.

New Jersey lawyers can help their clients understand the possible consequences of adultery.

Is It a Crime To Commit Adultery?

As previously noted, in New Jersey, adultery is not a crime. It is, however, a crime in 16 other states.

Even in states where adultery is a crime, it is usually not prosecuted. It may be helpful to have a basic understanding of adultery laws in other states in order to avoid any legal consequences.

In Maryland, for example, although adultery is a misdemeanor, it is not often prosecuted. Adultery is still classified as a crime in Alabama, Idaho, and South Carolina.

Other states that maintain adultery as a crime include Arizona, Georgia, Michigan, New York, North Carolina, Oklahoma, and Wisconsin. Adultery may also be defined differently in every state.

Are Adultery Statutes Constitutional?

The statutes that make adultery a crime are constitutional. It is simply not common for states to bring criminal cases for adultery.

Who May Initiate a Prosecution for Adultery?

If a state has adultery laws, the state prosecutor will initiate the prosecution for the offense. In certain locations, an individual’s spouse may also be able to start the legal proceedings.

Although adultery is not classified as a crime in New Jersey, residents may still want information about prosecution for adultery in other states if they believe or know they are committing adultery in another state. Whenever someone has questions about adultery in New Jersey, it is very important to have a New Jersey lawyer consultation.

Who Has the Burden of Proving Adultery?

When adultery is prosecuted as a criminal offense, just like other offenses, the state has the burden of proof to show beyond a reasonable doubt that the adultery actually occurred. The prosecution will also have to prove that at least one of the parties involved was married at the time the offense occurred.

What if I’m a Victim of Adultery?

If someone is a victim of adultery in New Jersey, they should reach out to a New Jersey family law attorney as soon as they can. A lawyer will know the steps to take and how to move forward with a divorce that includes a claim of adultery.

It is essential for clients to be completely honest with their attorneys, no matter what occurred, so they will be able to present the best possible case and head off any issues. When someone does face adultery charges, their attorney might be able to negotiate with the prosecution for a deal.

When clients are totally honest with their attorneys, their attorney will be able to properly investigate the case and create the best possible arguments. In addition, an attorney can use the information their client shares to request the lowest possible sentence if they are convicted.

Should I Hire a Lawyer for My Adultery Case in New Jersey?

You cannot be charged with adultery in New Jersey because there is not a criminal statute that forbids it. However, if you face charges in a different state or you are interested in getting information about adultery or other possible criminal charges, a New Jersey criminal defense lawyer can help.

Your attorney will represent you every time you are required to appear in court. They will also make sure your rights are protected throughout the case, submit all necessary documents, and present the best possible case on your behalf.

LegalMatch provides no cost lawyer matching services to help you find a New Jersey lawyer who can help you resolve any of your adultery concerns. You can complete the lawyer matching process in as little as 15 minutes.

You will be matched with attorneys in your area of New Jersey who are licensed and prescreened. You will often receive lawyer matches in as little as 24 hours. You can view each lawyer’s education, fees, and client reviews to determine who best fits your needs.

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!
star-badge.png

16 people have successfully posted their cases

Find a Lawyer