In the realm of relationships, fidelity is not just about physical intimacy anymore. Enter "microcheating," during which subtle, often ambiguous behaviors blur the lines of emotional faithfulness. But how does it compare to adultery when it comes to divorce in New Jersey?
Let's start with the basics. Adultery, under New Jersey law (N.J.S.A. 2A:34-2(a)), is the voluntary sexual intercourse between a married person and someone other than their spouse. It's straightforward – a clear breach of marital trust and grounds for divorce.
Microcheating presents a more nuanced challenge.
Microcheating refers to behaviors that might suggest a person is emotionally or physically focused on someone outside their primary relationship. These actions are often not as overt as full-blown infidelity but can still breach trust and emotional boundaries. Examples include secretive texting, liking provocative posts on social media, or maintaining close friendships with an ex-partner without full disclosure. These behaviors are not as objectively wrong as physical adultery. Regardless, when intentions and boundaries get fuzzy, infidelity may be perceived subjectively.
It would be wrong to say that microcheating cannot impact divorce proceedings. To the contrary, it may undermine an ability to negotiate a settlement with candor or confidence in the accuracy information. While microcheating itself may not directly affect custody or support determinations, it can indirectly influence court decisions if it contributes to an unhealthy environment for children or affects a parent's ability to provide financial support.
In New Jersey law, microcheating does not fit neatly into the definition of adultery. While it may erode trust and strain a relationship, it probably does not meet the legal threshold for divorce based solely on grounds of adultery. Instead, New Jersey offers "irreconcilable differences" as a no-fault option for divorce, recognizing that marriages can break down for many reasons beyond the traditional definition of infidelity.
If you are facing challenges related to microcheating or any other marital issues, assess your situation with clarity and compassion. The decision to pursue divorce is deeply personal and deserves careful consideration. Whether you are navigating the complexities of adultery or understanding the nuances of microcheating, the experienced family law team at Cohn Lifland understands the difference and how to provide clarity and support. Together, we will explore your options, understand your rights under New Jersey law, and chart a path forward that respects your needs and goals.