NJSBA Family Law Section

I'm interested to hear others' thoughts as well.   I would say an award of counsel fees is in order, if you can successfully assert that there was fraud in the inducement of the marriage.  Perhaps return of the engagement ring is another penalty.  The re-sale value on such items is, unfortunately, very low.  He'd be lucky to get half what he paid.  But if I were on the panel - I'd recommend a counsel fee award and return of the ring.

I'm interested to hear others' thoughts as well.   I would say an award of counsel fees is in order, if you can successfully assert that there was fraud in the inducement of the marriage.  Perhaps return of the engagement ring is another penalty.  The re-sale value on such items is, unfortunately, very low.  He'd be lucky to get half what he paid.  But if I were on the panel - I'd recommend a counsel fee award and return of the ring.

Dave, 

What you describe is horrible, of course.   It's unfair and it sucks.

But, in the real world, is Wife ever going to pay?   And, even if she were so inclined, would she even have the ability to do so?  Your client will run up a nice legal fee, sure, and he might even "win," and get a nice judgment against Wife – if I were the Judge, and you proved the facts you allege, I'd hammer her. 

But, while such Judgment may be non-dischargeable, he'll never collect.    And the ring will no doubt be gone long before ESP.

I know – I'm telling you nothing you don't know.   If I'm sitting as an ESP panelist, I would agree with Stephanie.   But that will be cold comfort to your client – do you really think that the Wife will settle and pay him?    Client should suck it up, run like the wind away from her, lick his wounds, and just thank the Lord that they did not procreate.