NJSBA Family Law Section

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  • 1.  Adultery & Co-Respondent

    Posted 12-05-2018 08:34 AM
    Pragmatically, what benefits, financial or otherwise are there in an adultery case, serving a co-respondent?  
     
    Jose Silva, Jr.
    Attorney At Law, LLC
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  • 2.  RE: Adultery & Co-Respondent

    Posted 12-05-2018 10:08 AM

    Jose, in my experience the clients always regret going this route.  It usually involves much more cost for a more detailed complaint and getting the paramour served.  The clients typically think it will give them some satisfaction and as you can imagine, it never does.  Since NJ is a no-fault state, there is no financial benefit.  If you are going to litigate your case fully, it may assist in getting additional discovery or a deposition of the paramour but in my opinion you really need to know what approach/strategy you want to take to determine if it is worth it.

     

    Crystal M. Ullrich, Esq.

    Weinberger Divorce and Family Law Group, L.L.C.

    908-845-5000   [email protected]  I   www.WLG.com

     

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  • 3.  RE: Adultery & Co-Respondent

    Posted 12-05-2018 10:30 AM
    I have found that it is a client who wants to 'get even' with the 'other'. It adds expense and acrimony and sometimes rebounds to  the client's disadvantage in terms of an impression/perception as to the client; like filing an "Extreme Cruelty" Complaint. Also, taken to the zenith it adds complexity that may be needless. 

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  • 4.  RE: Adultery & Co-Respondent

    Posted 12-05-2018 02:05 PM

    If the client is Catholic and intends to seek a religious annulment, some dioceses want to see adultery as the cause of action.

    Outside of that, I agree that clients should generally be talked out of it. It's an attempt to vent / find emotional vindication through the court. Usually, clients can be refocused on the lack of a benefit justifying the increased financial and emotional cost.


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