Legal Question in Family Law in New Jersey

Adultery

My husband committed adultery with the receptionist from our ''family'' dentist office. Everyone there knew my husband and I were planning on moving to CA because they'd all ask questions every time we went. He sent me ahead and then took months to join me but in the process had a car accident. It was then I found out about the mistress. Can I sue the dentist office where she works? My husband is suing the transportation company with whom he was involved in the accident with after having dinner with his mistress. Do I benefit from the settlement of my husband's lawsuit? I filed for divorce before he filed suit against the other driver but the accident occurred while we were married and I was unaware of his affair.


Asked on 9/30/03, 2:30 pm

2 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Adultery

First, please understand that the information provided herein is based upon New Jersey Law only. I am not licensed to practice in California and do not know the law in that State. If you can prove some damages directly to you that resulted from the injury your husband sustained in his accident, you may have a cause of action to sue the transportation company. However, based upon the facts, it would not seem that you have any claim for loss of consortium as your marriage was apparently effectively over by the time of the accident, and most definitely soon after when you filed your complaint for divorce. However, that is a personal injury question, not a divorce/family law question. I do not believe you have any claim against his girlfriend's employer. You may have a claim to any proceeds from his lawsuit for reimbursement of medical expenses paid out of pocket or loss of wages. However, any award of damages for pain and suffering belong solely to him and you have no claim to same. If you have already filed for divorce, you should be asking your divorce attorney these questions

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Answered on 9/30/03, 4:07 pm
Gary Moore Gary Moore Attorney At Law

Re: Adultery

Whatever your husband receives as compensation for his pain and suffering and disability is meant to replace those bodily "losses." You can share in compensation for lost income or waqes.

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Answered on 9/30/03, 5:00 pm


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