Legal Question in Civil Litigation in New Jersey

Husband and I were seeing a counselor and he had an affair with her I filed a fo

My husband was seeing a counselor for issues dealing with work and our marriage. We went to see her together a couple times about our marriange and previous affairs my husband had. Turns out the counselor has an affair with my husband they even took a trip to Floirda together. After that my marriage ended I consider her to be as responsible as him and I don't feel she should be counseling. My question is do I have rigts to a lawsuit, What kind of attorney would specialize- what category would that fall under and where could I find previous case law on this particular subject. She is a NJ Licensed Social WOrker and has her own practice, are they required to have insurance? Insurance Fraud may be an issue.


Asked on 1/09/02, 2:59 pm

2 Answers from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Husband and I were seeing a counselor and he had an affair with her I filed

That is a terrible breach of professional responsibilty on the part of the social worker. There is a professional board governing social workers, and you can, and should, make a complaint with the board. That board would be interested in the insurance fraud, as would the Department of Banking and Insurance, and the Attorney General's office.

You may have a civil rememdy. Suits for "alienation of affections" and similar causes of action are abolished in New Jersey under the Heart Balm Act, but this would be a professional negligence suit.

The bad news is that this behavior may not be covered by the counsellor's insurance policy, which would exclude such intentional acts. That is if your counsellor has insurance. Generally, professionals in New Jersey are not required by law to have such insurance, but they may be required by referring agencies, third party payors, or other agreements to have such insurance.

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Answered on 1/10/02, 8:52 pm
Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: Husband and I were seeing a counselor and he had an affair with her I filed

It sounds like you MAY have a suit, but need far more details than you post, and the details really should not be posted.

For example, you wrote "After that my marriage ended." Has anyone filed for divorce? It sounds as though she could be made a party.

You should really consult with an attorney - many provide some form of free consultation. I provide free telephone consultations.

Best of Luck.

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Answered on 1/10/02, 7:38 am


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