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Green & Associates, LLC Blog

Why Do People Get Divorced - Musings from a Divorce Attorney - Part III - "Relations"

Dec 9, 2015 @ 05:06 PM — by Michael Green

So, I have already talked about "growing apart" and "money" as two reasons people get divorced, the next one is more complicated, "relations" or more bluntly "sex".  It is a very broad category, because it can be looked at from many different perspectives.  First, are the parties sexually compatible.  Were they ever, have they changed and are not anymore.  No one knows what goes on behind closed doors, so, if they are not for any reason, that can be enough to make one or both parties look elsewhere or stop altogether having relations.  There are also those instances where a party has shut down, that may be because of emotional reasons or simply a physical lack of desire.  This too can obviously cause the other party to look elsewhere for intimacy and companionship.  I have seen this with older couples especially.  

Divorce and Adultery - What Are Some of the Issues As to Pleading Adultery as a Cause of Action

Nov 14, 2015 @ 05:07 PM — by Michael Green

In the State of New Jersey, generally, adultery does not create an award for the other party.  They do not receive more or less in equitable distribution or alimony as a result.  Public policy was generally not to judge as to why adultery occurred in a marriage, so as a result, the outcome of a divorce, based on adultery as a cause of action, is not supposed to be affected by it, regardless of whether or not the adultery itself caused the dissolution of the marriage.  So, is it then necessary to plead a cause of action for adultery at all, its a good question.  If you do plead adultery, you are supposed to name and serve the party that you are naming as the one who committed adultery with your spouse.  An alternative way to plead adultery is to simply include it in a cause of action of extreme cruelty.