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Can a person who was married in New Jersey whose spouse has…

Can a person who...

Can a person who was married in New Jersey whose spouse has files for divorce or an annulment she a 3rd party for Alienation of Affection?

Lawyer's Assistant: What steps has she taken? Has she filed any papers in NJ family court?

The husband has filed for divorce from his wife in New Jersey and she is threatening to sue a fel

Lawyer's Assistant: Have they talked to a lawyer about this yet?

She is threatening to sue a female friend of the husband for alienati9n of affection if he divorces her

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His attorney filed. I dont know if she has a lawyer. The marriage licence is from New Jersey

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Answered in 2 minutes by:
3/26/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,965
Experience: Licensed Texas General Practice Attorney
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No, this type of lawsuit is not allowed in New Jersey. Alienation of affection" suits, when an "outsider" interferes in a marriage. The suits are allowed in seven states: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah. If it happened in any other state, no matter how clear a case it would be if the state recognized alienation of affection lawsuits, would not be recognized.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 25 days ago
Thank you. If the husband who has been married for less than 4 mos. files for divorce in New Jersey and sites infedelity and has proof and the name of the person that the wife was with, can she respond in legal documents by naming a person that she he had an emotional affair with. BTW, she does not want a divorce, she threatened to sue for Alienation of affection if he divorces her.

Yes, she could certainly respond with that. But alienation of affection is a lawsuit against that third party that was the cause of the affair. That's the point. Alienation of affection is a lawsuit against a party outside of the marriage as a cause of tearing apart the marriage itself. Does that make sense? But alienation of affection is recognized only in those states. And I would suggest to this person threatening alienation of affection to do 10 minutes of research on it before threatening it.

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Customer reply replied 25 days ago
Thank you, ***** ***** can respond that he was at least emotionally unfaithful and site the name of the person that she suspects in the divorce documents? But she cannot sue for Alienation of affection.
Customer reply replied 25 days ago
Last question, in New Jersey can a slide file for an annulment if they have grounds of being forced or fraud, but were married with a licence for more than 90 days?

Yes, she can say that. But alienation of affection is not a lawsuit she can file, no. Annulment is a cause of action alleging that there never was a real marriage in the first place. If it was forced or there was fraud, there could be an annulment, but she'd have to prove that. Otherwise, it would have to be a divorce, not an annulment (regardless how long they were together).

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If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Please note that I am still waiting for your response or rating...

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Customer reply replied 25 days ago
He is the one filing for either divorce or annulment. She does not want a divorce based on her infedelity or annulment basrd on being forced. If he files for divorce she is threatening the alienation lawsuit which she can't do but can she respond to his divorce filing by saying he was unfaithful too and naming the person or people she is accusing him of in the divorce documents if he files and she contests it?

Yes, she can respond that he was unfaithful too and name the person or people that she is accusing him engaging in extramarital affairs. Alienation of affection is a lawsuit against those third parties, not the spouse, for breaking up the marriage.

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So alienation of affection is not possible, but that simply means that she can't sue the "paramours" (the partners to the affairs).

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,965
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 25 days ago
Ok
can only name them in a divorce bot an annulment?
Customer reply replied 25 days ago
I meant my understanding is she can't sue but she can name extra marital in a divorce. But, if she files for an annulment, my u are standing is she cannot respond by naming anyone. And if there a time period that a person must file for annulment by?

She can bring up the affair, yes. That's entirely different than alienation of affection. A divorce is between Husband (H) and wife (W). Alienation of affection is between the innocent party in an affair (H or W) and the third party paramour (P), the party that caused the husband or wife to leave the marriage and enter into the affair with them.

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Customer reply replied 25 days ago
Can she site another person in an annulment? and if a person has been married for more than 90 days in New Jersey can marriage still be annulled if there is adequate proof?

She can't name another person as a party to the annulment, but can certainly name that person in the text of any lawsuit. Annulments have nothing to do with the length of the marriage. A marriage might not be annulled the day after the marriage, or it could be annulled 10 years after the date of the marriage. It all depends upon the facts. But has nothing to do with the length of time.

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Customer reply replied 25 days ago
I promise last question! Does a person need to show proof of sexual or emotional infedelity as a response to divorce papers being filed? If so, what type of proof? Or can a person just respond with a name or list of names?

Okay, so long as you rate my answer and leave a bonus if you feel that I have gone above and beyond (as I have spent almost an hour with you...)

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A person doesn't need to prove the infidelity in the papers themselves, but needs to be able to prove the infidelity in court, if need be. That is, the person needs to be able to call witnesses, etc... in court to prove those allegations that were made in the papers. The person can list names in the documents, but needs to be able to call those people in court when it comes time to prove the substance of those allegations.

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Customer reply replied 25 days ago
Absolutely

Okay

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Customer reply replied 25 days ago
Does a private detective documenting seeing spouses wirh someone else in public count? Tjey each have this. Can it be part of a monetary divorce settlement arrangement not to name names and just file as no fault?

That's evidence for the affair. Nothing more. It could be used to try to get a settlement prior to the court being notified of that, sure, but note that a settlement is a voluntary agreement between the parties. If the other party is not willing to agree to it, even if the judge thinks it's relevant, it's irrelevant as far as the settlement is concerned.

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Customer reply replied 25 days ago
Ok, basically, he wants to file in NJ based on her infedelity
She doesn't want a divorce and if he goes through with it will claim the same thing back in the paperwork. But, my understanding is that she can do this But all it is is naming names in public divorce documents. The parties can make any type of arrangements prior to settlement that they want. A judge decides the financial settlement agreement (No children)

Yes, that's correct.

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Customer reply replied 25 days ago
Can the details of divorce documents other than stating a legal divorce has been granted or filed be made private or does it all available for the public? thanks, ***** ***** again. appreciate your time alot

Yes. It's all public information unless the judge specifically seals it as confidential.

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Customer reply replied 25 days ago
Ok so the person's attorney requests confidentiality from a judge to approve or deny sealing the records
Correct? Thank you.
Customer reply replied 25 days ago
You are wonderful! thx

Yes, that's correct.

Thank you. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

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Customer reply replied 25 days ago
Ttyl g to add another too. But I don't know how!

I'm not sure how to, but if you click on the stars again you might be able to have that option. Thanks!

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