Legal Question in Family Law in New Jersey

I'm facing an onerous and,in my view, unfair alimony settlement because of the "no fault" aspect of divorce law. Even though my wife hooked up with somebody through Facebook, committed adultery, left my three children and I for three months, and committed other acts that caused severe pain, embarassent, and financial hardship for my family before she came back into the picture (i.e., after she and her boyfried split up), I still face the prospect of having to make big alimony payments (almost half my net pay). According to my lawyer, the court doesn't care who is at fault; it's concerned primarily about the parties' economic needs and abilities to pay. In legal forums outside of divorce/family law, a party that claims it has been injured by another party can sue for damages. It appears that I cannot seek any damages unless I file a suit in a separate civil case. Can that be done? Is it unprecedented for a person to file a civil suit against his/her former spouse to seek damages for pain, suffering, financial hardship, etc. brought about by the former spouse's reprehensible behavior? Even if my wife does not have the assets to may a financial payout at this point in time, could I seek damages in the form of either an offset against alimony payments or a deferred payment? I know this question may seem bizarre, but I'm in a tough situation and facing an unfair outcome, so thinking "outside the box" may be the only way I can prevent the total destruction of my future and my children's future. Would a civil (i.e., non-divorce) attorney even consider taking such a case?

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey

Looking for something else?