New Jersey is a no-fault state when it comes to divorce. That means that even if you can point the finger at the husband/wife and say to the world, “This is why we are getting divorced. It is his/her fault, not mine, because s/he did xyz” has no impact on the outcome of the divorce. You do not get more time with your kids because your husband had an affair. You do not pay less in alimony because your wife wanted the divorce and you did not. Fault or no fault does not impact the outcome of the divorce.
A while ago I had a couple at Westfield Mediation, LLC, that were married for over 25 years and the husband was already receiving a large portion of their financial assets. However, this was not satisfying to him. He was angry and wanted to make his soon-to-be ex-wife pay more, because she asked for this divorce and this is not something he wanted. Rationally he understood the facts of the situation. He was keeping the house in its entirety and could see on paper that in lieu of alimony he had 70% of the assets and she had 30%. But emotionally this was not enough. Emotionally he was so hurt and wanted to hurt her the way that she hurt him. And the only way he thought he could do this was financially. He wanted financial revenge on her, for her causing emotional distress to him. I had to explain that the law does not work that way. Revenge makes for a good story plot in a book, but the judge won’t go for it in New Jersey.
For more information about divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at firstname.lastname@example.org.