My wife is having an affair with an illegal immigrant. It is possible that this is the second one she had (with an illegal). She claims that since her relationship is discrete, the court will not consider them. I argue that it is only a matter of time before the children and neighbors, etc. find out what I know. Can I use this situation to influence custody and/or ownership of the house?
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New Jersey. In general in my jurisdiction, Courts consider affairs (misconduct) as it relates to custody if there is any improper conduct in front of the children or if her affairs have caused her to shirk her duties with respect to the children. With regard to property, the court can consider it in the overall division of property. Some courts give it a lot of weight while others do not.