The New Jersey Supreme Court has just heard oral argument on a case involving the firing of an employee, allegedly due to his pending divorce action. Robert Smith, the terminated employee, is claimed to have had an affair with a co-worker; the resulting matrimonial litigation is supposed to have triggered his termination. New Jersey Law Journal, November 1, 2015
The unintended consquences of marital infidelity reached all the way to our nation's highest court, in this case involving adultery and extortion. Sekhar v. United States, U.S. (20130; United States Supreme Court, October 16, 2013
New Jersey adulterers beware : your E-Z pass records may be subpoenaed in order to document your travels. S.S.S. v. M.A.G., New Jersey App. Div., October 21, 2010
ESPN baseball analyst Steve Phillips acknowledged having an affair with a 22-year-old assistant at the network and has taken a leave of absence during the playoffs. Phillips, 46, said he requested the leave "to address this with my family and to avoid any unnecessary distractions through the balance of the baseball playoffs." Marni Phillips filed for divorce Sept. 14, according to court records. ESPN said it took "appropriate disciplinary action" when this happened in August. Police say ESPN production assistant Brooke Hundley began calling Phillips' wife, Marni, after he broke off the affair and sent her a letter graphically describing their relationship. In 1998, Phillips admitted having sex with a team employee, who sued for sexual harassment. That case was settled out of court. ESPN said Hundley is still employed at the network. New York Daily News, October 23, 2009
If you cheated on your spouse, would you admit it to a researcher? That question is one of the biggest challenges in the scientific study of marriage. Surveys conducted in person are likely to underestimate the real rate of adultery, because people are reluctant to admit such behavior. In a study published last summer, researchers surveyed 4,884 married women, using face-to-face interviews and anonymous computer questionnaires. In the interviews, only 1 percent of women said they had been unfaithful to their husbands in the past year; on the computer questionnaire, more than 6 percent did. At the same time, experts say that surveys appearing in sources like women’s magazines may overstate the adultery rate, because they suffer from what pollsters call selection bias: the respondents select themselves and may be more likely to report infidelity. But a handful of new studies suggest surprising changes in the marital landscape. Infidelity appears to be on the rise, particularly among older men and young couples. Notably, women appear to be closing the adultery gap: younger women appear to be cheating on their spouses nearly as often as men. New York Times, October 28, 2008
His widow [his second wife, 28 years younger] sued his Estate, claiming that his sons from his prior marriage used "undue influence" to induce their father to make a new will in their favor, depriving her thereby. She sought to set aside the new will and admit a prior will in her favor. The children counterclaimed, alleging misappropriation through her misuse of a power of attorney and improper transfer of his assets. The children wanted discovery of her prior divorce and a purported adulterous affair. The court holds that her cell phone records must be produced, specifically with respect to an individual with whom plaintiff allegedly had an affair. Evidence of decedent's knowledge of his wife's infidelity may be evidential as it relates to his wishes to change his will. In Re Estate of Fenton, New Jersey Chancery Div., September 13, 2005
Rumors of the demise of "fault" grounds for divorce in New Jersey may be premature. In this case, the husband accused the wife of having an affair with a co-worker. In her counterclaim, the wife accused the husband of engaging in internet sex and pursuing relationships with the women he met online. The trial judge sustained both causes of action and was affirmed on appeal.