Schedule a Consultation: (973) 274-5200
Social Accounts Sprite

Spouses Sue Each Other.... and Not Just For Divorce

By Snyder & Sarno on January 22, 2015


The common example of a lawsuit between spouses is that of a divorce.  There are, however, other reasons why spouses may sue one another.  For example, spouses can sue for a marital tort.  Huffington Post recently published an article about these lawsuits, focusing on one reason for bringing such a suit—the transmission of a sexually transmitted disease between spouses. 

In addition to this basis for a marital tort suit, spouses can also sue one another for other reasons, including assault, battery, intentional infliction of emotional distress, or battered woman’s syndrome.  In New Jersey, if the parties are divorcing, a marital tort claim must be included in the divorce complaint or it cannot be raised at a later date according to the New Jersey Supreme Court in the case of Tevis v. Tevis, 79 N.J. 422 (1979).  The court may decide, however, to decide the two issues separately or in one proceeding.

Marital tort law blossomed when New Jersey courts held that spouses had the right to sue one another and abolished the doctrine of interspousal immunity.  See Merenoff v. Merenoff, 76 N.J. 535 (1978).  Since then, the case of Tevis has governed marital tort suits, allowing spouses to institute tort actions against one another when they are divorcing. 

In some situations, it is important to make a marital tort claim during a divorce so that the right to compensation is not lost.  If you are going through a divorce and believe you may have a marital tort claim, the experienced attorneys at Snyder & Sarno, LLC can help you evaluate your case.  Call us today at (973) 274-5200.         

Related to This

Message Us

"I was involved in a VERY complicated and tumultuous child custody, divorce, domestic violence case for two full years. I was fortunate enough to be represented by one of the top matrimonial teams in the state of NJ, and the outcome in my case exceeded my every expectation." - Former Client

"Paul personally stood by my side and represented me throughout my injury case. Whether it was business at hand, advice, or a late night phone call to help me understand what was going on; he never took a step back towards helping me. I knew that I could call on him at any time . My case was very successful and I attribute that to Paul's dedication . He even came to me during a snow storm when I could not make it to his office. I certainly would recommend him to anyone." - Former Client

X CLOSE

Bergen County Office

401 Hackensack Ave
Ste 706
Hackensack, NJ 07601

Open Today 8:30am - 5:30pm

Essex County Office

425 Eagle Rock Ave
Ste 202
Roseland, NJ 07068

Open Today 8:30am - 5:30pm

Somerset County Office

440 Route 22 E
Ste 170
Bridgewater, NJ 08807

Open Today 8:30am - 5:30pm

X CLOSE

Message Us

X CLOSE

X CLOSE

Popular Tags