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

Asked about 3 years ago - 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)

  1. Janice Newman Teetsell

    Contributor Level 13

    Answered . 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.

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  2. David Perry Davis

    Contributor Level 17

    Answered . 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... more
  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . 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... more
  4. Brian Elliott Arnold

    Pro

    Contributor Level 14

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

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