NJ Divorce Advice: Additional Causes of Action to Consider
When Divorce isn’t Enough: Additional Causes of Action to Consider
Just like anything in life, divorce is not an independent event. It affects other areas of the couple’s lives, and other areas of their lives affect the divorce. Sometimes there are additional causes of action (which are grounds that entitle someone to sue or seek legal action against another) that should be considered when going through a divorce.
New Jersey’s controversy doctrine, as well as case law, may require that other causes of action between the parties be brought in conjunction with the divorce complaint. A failure to bring these other actions to light may act as a bar to the ensuing assertion of the claim. These claims may also be subject to the two-year statute of limitation of N.J.S.A. 2A:14-2, which says:
a. Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday.
b.In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor’s parent or guardian prior to the minor’s 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor’s behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor’s behalf.
In addition to divorce, the following are claims that may be brought in the state of New Jersey.
Cause of action claims may include, but aren’t limited to:
1. Personal Injury: A personal injury action arising between the parties must be pleaded if a recovery is to be obtained. These personal injury actions can take almost any form, such as assault, battery, rape, negligence, intentional infliction of emotional distress, and outrageous conduct and behavior.
2. Wire Tap: It has been recognized in New Jersey that a violation of the Wire Tap Law gives rise to a cause of action. It is generally acceptable to record a conversation that you are a part of. However, it is a violation of the wiretap statute to intercept another person’s wire, electronic or oral communication.
It may be a violation of the wiretapping laws to intercept any of the following types of communications:
- retrieving pager messages
- wiretapping the home phone
- eavesdropping on cellular or cordless phones
- retrieving records from Internet conversations in chat rooms or private cybersex chat rooms.
Violations of the New Jersey wiretapping laws may result in both criminal and civil penalties.
3. Constructive Trusts, Transmutation, Quasi-Contract, Unjust Enrichment: These actions are more commonly known as general equitable remedies. They are available in appropriate circumstances in divorce actions. In a 1979 NJ case, the Court upheld the common law principle that “unjust enrichment of one party at the expense of the other will not be tolerated” and constructive trusts, along with other equitable remedies, may be utilized together to grant the necessary relief. Thus, where title to property which would otherwise be subject to equitable distribution is conveyed to a third person without consideration, the other person may be named as a defendant in the action and a constructive trust imposed upon the asset.
These certainly aren’t the only types of causes of action you can take in addition to a divorce. But now you know the basics and you can take the next step in bringing justice to your family by finding the right family law attorney. Click here for your free consultation.