On May 3, 2010 the Appellate Division of the New Jersey Superior Court in the case of Segal v. Lynch, indicated that one spouse can sue the other spouse for emotional distress.

In the Segal v. Lynch case, for purposes of review, the Court accepted as fact that the mother had relocated to a different address in New Jersey, changed her telephone number, and terminated all contact and communication between the father and his children.  The mother blocked all of the father’s e-mails and forbade the children from e-mailing or otherwise contacting their father.  As a result, the father did not have any contact with his children for over three months.  It is alleged that during this period of time the mother alienated the children against the father by telling the children false and spiteful things about their father.

To assess whether or not you can sue your spouse for emotional distress, or to defend against such a lawsuit, contact an experienced matrimonial attorney.  You can reach us at (908) 879-9499.