While New Jersey is a no-fault divorce state, you do have the option of filing for divorce based on your spouse’s infidelity. It is understandable to want to pursue a fault-based divorce after discovering that your spouse had an extramarital affair. However, while you may want to punish your spouse for their adulterous behavior, this type of divorce will likely be considerably more expensive, time-consuming, and emotionally draining, particularly if you have children whose health, happiness and well-being you want to protect.