In New Jersey, your spouse has a right to file a Complaint for Adultery, and they also have a right to have your girlfriend or boyfriend formally served with that Complaint.
If your girlfriend or boyfriend is served, they likely have been sent a document called a “Notice to Co-Respondent.” A co-respondent is a legal term for a person who, in addition to the defendant, is included in the lawsuit. In a Divorce, the co-respondent is the person whom your spouse charges is committing the Adultery with you.
But what can you do to protect your girlfriend or boyfriend from the Divorce litigation? Here are a few tips:
- If formally served with the Complaint, have your boyfriend or girlfriend consult with his/her own lawyer. That way, the person can learn first-hand about his/her rights.
- Make sure to keep your finances as separate as possible from your girlfriend or boyfriend. Judges typically won’t let a spouse collect financial information about your girlfriend or boyfriend, but if you start to co-mingle your income or assets with that person, then a Judge might see a relevant reason to permit your spouse to start poking around.
- Don’t get your boyfriend or girlfriend overly involved with your children until the Divorce is final. Case law says that a Judge can make parents keep their boyfriends or girlfriends away from kids while the Divorce is pending (not so much after the Divorce is final). Therefore, by keeping some distance between your romantic interest and your children, you do not give your spouse fodder to drag the issue before the Judge.
If you are worried about your spouse involving your new significant other in your divorce, or if you have been named as a co-respondent in a divorce matter, contact one of the skilled attorneys at Lyons & Associates at 908-575-9777. You can also fill out our online intake form.