Divorce in New Jersey-Extreme Cruelty and Marital Torts
New Jersey offers divorces by way of no-fault cases and fault based cases. An example of a fault based case is Extreme Cruelty where a person can seek punitive and compensatory damages before a Judge or Jury depending on the facts in the case.
Types of Extreme CrueltyThe following are some examples of extreme cruelty in New Jersey: Mental Cruelty, Substance Abuse, Child Abuse, Violence and Threats of Violence, Excessive Sexual Demands, Refusal of Sexual Intercourse, Requiring Contraception, Adultery, Attempting to Force Religious Conversion, Intercourse with Venereal Disease, and Transvestism.
Punitive and Compensatory DamagesWhile committing certain acts during a marriage may not be a crime, it will not help you case for alimony or equitable distribution, it could permit you to obtain punitive and compensatory damages.
Must I Prove Physical Damage to Obtain a Judgment Under Extreme Cruelty in New Jersey?No. In the case of Martinique v. Martinique, the court indicated that extreme cruelty is not confined to physical abuse. "Agonies of the mind are no less real than the pains of the body."
If you are accused or Extreme Cruelty or suffer from Extreme Cruelty, Contact an AttorneyA divorce is rarely a pleasant experience. Extreme cruelty allegations only fuels the fire and makes matters worse for the Defendant. It is very important to defend these claims as you can be subject to monetary damages. If you are a victim, it is important to try and get out of that emotionally draining situation as soon as possible. If you think you are better off because of money for example or because of the kids, do not fool yourself, the children notice everything and they will see your pain which will only hurt them.