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Can i sue or get money from my wife if she is divorcing me and cheating

Trenton, NJ |

if my wife is divorcing me but i found out she is also cheating can i sue her or get money from her because it might be her fault

Attorney Answers 4

Posted

Check and see if your state allows for a claim for Alienation of Affection. This might help.

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Posted

Unfortunately in New Jersey we are pretty much a no-fault state - unless she is using marital funds for her affair - there is not much you can do about her cheating - it is not really worth it to bring her paramour into the case and there are issues of equitable distribution and alimony to deal with.

This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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Posted

Brian got it - and the answer in NJ is "no." In some states, you can sue for money damages - either the spouse or the "other person" involved, but NJ eliminated this many years ago (Google "Heart Balm Act").

I'm sorry for what you're going through, but if you're both with new people, the best idea is to calmly assess what the law is going to require as far as dividing any assets / debts, custody, support, etc. The court isn't there to provide "moral vindication" (although it's a common misconception fostered by TV). Less than 1% of cases go to trial in New Jersey. Again, it sounds tough right now, but I'd accept that the issue adultery is for a "higher court / ultimate judge" to address; focus on your legitimate legal issues and deal with the situation with a goal toward minimizing acrimony and cost.

The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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Posted

Fault is just about irrelevant in NJ.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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