marital tort claim in New Jersey

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

1998See Brennan v. Orban, 145 N.J. 282, 290-91 , 678 A.2d 667 (1996) (requiring joinder of a personal injury claim in a divorce proceeding); Tevis v. Tevis, 79 N.J. 422, 434 , 400 A.2d 1189 (1979) (stating in dicta that the marital tort claim should have been joined with the dissolution proceeding); see also Brown v. Brown, 208 N.J.Super. 372, 379 , 506 A.2d 29 (App.Div.1986) (stating that “[h]ad the marital tort here occurred prior to the institution of the divorce action ... there would be no question of plaintiffs obligation to have raised it as a separate claim in her subsequently filed divorc

2005As even the majority acknowledges, Kinsella is not an alimony case, but one dealing with whether the psychologist-patient privilege may be invoked by a patient to prevent discovery of psychotherapeutic treatment records in the context of three aspects of matrimonial litigation: a marital tort claim against the patient, an extreme cruelty claim for divorce by the patient, and a child custody dispute between the patient and his spouse. [Id. at 285, 696 A.2d 556 .] In that context, and only in the way of dicta, Kinsella states that “the focus of the decision regarding alimony is generally on the

2005As even the majority acknowledges, Kinsella is not an alimony case, but one dealing with whether the psychologist-patient privilege may be invoked by a patient to prevent discovery of psychotherapeutic treatment records in the context of three aspects of matrimonial litigation: a marital tort claim against the patient, an extreme cruelty claim for divorce by the patient, and a child custody dispute between the patient and his spouse. [Id. at 285, 696 A.2d 556 .] In that context, and only in the way of dicta, Kinsella states that “the focus of the decision regarding alimony is generally on the

1986See, e.g., Davis v. Davis, 182 N.J.

1984It was in the context of such relationships that the court in Tevis v. Tevis, 79 N.J. 422, 434 (1979), observed that the marital tort claim should have been presented in conjunction with the pending matrimonial litigation "as part of the overall dispute between the parties in order to lay at rest all their legal differences in one proceeding and avoid the prolongation and fractionalization of litigation." Generally, the entire controversy doctrine is "a rule of mandatory joinder of claims, not of parties." McFadden v. Turner, 159 N.J.