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Alienation of Affection

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pointmagnet posted 6/20/2013 16:01 PM

Hey does anyone here have any experience with "Alienation of Affection" lawsuits where one sues the OM or OW for financial and/or punitive damages?

In the state where I am divorcing, that law is not on the books anymore.

However, it is on the books in a state where my WW and OM had a two-week vacation last year, consummating their affair. Plus this was a planned trip - not a spur of the moment thing. I've seen some information that says if the breakup of the marriage occurred in the state, you can sue for alienation of affection in that state.

I'd like to go after a sum total to the entire amount of spousal support I am going to have to pay plus a little more (say additional 50%) for emotional suffering.

Has anyone tried anything like this?

Phoenix1 posted 6/20/2013 16:09 PM

You will need to check the requirements (especially residency requirements) in your state as well as the state where the "breakup" occurred to see if it is actionable. I looked into this in my state and was threatening POS with it. After talking to an attorney, and with some additional research on my own, I found out that while it is not "officially" on the books in my state, it is still a common law course of action that I could pursue if I wanted to.

However, beware, it is VERY difficult to prove...

Good luck!

HeartStings posted 6/20/2013 20:33 PM

There's another tort called criminal conversation which is recognized in more states than alienation of affection.

trumanshow posted 6/20/2013 21:36 PM

I have an active AA/CC going. I have plenty of evidence, the perjury of WH and OW at their depositions, and the loss of value in our LLC(rental houses)

Catwoman posted 6/20/2013 21:39 PM

That is a jurisdiction question, as the jurisdiction of your divorce is different from the jurisdiction of the AoA. You need a GOOD lawyer in both states to pull this off.

However, it may be that the threat would be enough.

Cat

Later posted 6/20/2013 21:54 PM

I have seen some decent verdicts lately in my home state. You need to consider that you will be putting your marriage under a microscope.

One possible defense is that the AP was not the aggressor, but what the hell. Let the two of them lie about that.

pointmagnet posted 6/20/2013 23:10 PM

Under a microscope, I am fine with that. All I ever did was work my ass off to provide for my family...

I think I may pursue this if I can get a lawyer in the state in question that thinks this might be winnable... I may have to change lawyers in my home state though... but that would be okay at this point.

curiouswiz posted 6/21/2013 07:00 AM

I can and do plan to sue her ass off. My lawyer keeps shrugging it off because of the costs but once I'm settled I fully intend to go after her.

She's a junky, stripper, whore. He's a truamatic brain injury with less than half of his hearing intact. Can you say "Oooh a new target!"?

chikastuff posted 6/21/2013 09:04 AM

I believe you have to prove that she was the straw that broke the proverbial camel's back. As in, if there's any indication of this type of behavior in his past then you wont have a good case against her because the problem will be with HIM, not the person you're suing.

chikastuff posted 6/21/2013 09:04 AM

I believe you have to prove that she was the straw that broke the proverbial camel's back. As in, if there's any indication of this type of behavior in his past then you wont have a good case against her because the problem will be with HIM, not the person you're suing.

sparkysable posted 6/21/2013 09:51 AM

Ohh I could only dream! Couldn't do it in my state, but if I could have, and if I had the finances for it, it would have been tempting.

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