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Suing the OW?

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Gajit posted 12/6/2013 13:04 PM

Someone recently told me that it is possible to sue the OW after a long marriage.

Now I'm thinking.........

steadfast1973 posted 12/6/2013 13:07 PM

It depends on your state. Google "alienation of affection" and your state. There are only a handful left that you can. I wish. I want the money my WH paid her back.

Gajit posted 12/6/2013 13:09 PM

Well, part of their A was in fact, in a state that allows such lawsuits.

I'm thinking I should ask my lawyer about this asap.

heforgotme posted 12/6/2013 13:12 PM

Well, part of their A was in fact, in a state that allows such lawsuits.

If so, then I would definitely pursue. None of the THREE states they had sex in allowed this. But if they would have I would have gone for it full force.

Razor posted 12/6/2013 13:16 PM

I really wish alienation of affection were allowed in all states. And change the law so that *no fault* D can NOT happen in M with abuse or infidelity.

weeping willow posted 12/6/2013 13:29 PM

In Wisconsin, where I live, adultery is a felony and punishable by 2 years in a state prison and up to a $10,000.00 fine. You used to be able to sue for alienation of affection here, but not anymore.

You might want to check your State Statutes and see if adultery is illegal in your state.

Good luck to you.

StillLivin posted 12/6/2013 13:33 PM

Weeping willow, so are you going to press charges. I know I would.
Sorry for the t/j.
I know with my STBXH and his whore partner that they started in HI. But 2.5 years later, when I found out about the ongoing A, neigher lived in HI anymore. It was just too costly to go to back to HI. Not even sure if it was legal anymore to sue.
But anywhoo, HI is defiitely one of the states that you can sue for alienation of affection.

weeping willow posted 12/6/2013 14:09 PM

t/j. StillLivin, no, because she is so unworthy of any time, attention or effort from me. She's a zero, and that's what she gets from me...nothing. But I must say, I had to smile when the karma bus ran her over big time! end t/j.

Gajit posted 12/6/2013 14:12 PM

It may not be financially beneficial for me to sue the OW.

BUT.....it could be a good strategy in getting a good settlement!

"The suits rarely make it to trial. Usually, just the threat of such a lawsuit is enough for an out-of-court settlement."

Gajit posted 12/6/2013 14:18 PM

HAH!

They have had trysts in 2 states where alienation of affection is allowed to be the basis of a lawsuit!

This info made my day!

hopingforhappy posted 12/6/2013 14:20 PM

It is possible in some states. My state is one of them. While it is tempting, I will tell you that these cases are expensive to litigate and difficult to prove. It can be hard to find a lawyer willing to take the case and they certainly will not take it a contingency basis. There have been a few large verdicts. If you want to throw a scare into her, you could have a lawyer write a letter to her, telling her that you may pursue the case--you could try to get a few $$ in settlement, if that would make you feel better. Going full bore and actually suing her would probably be a waste of your time, money and emotional energy.

Eudaimonia posted 12/6/2013 14:25 PM

In Wisconsin, where I live, adultery is a felony and punishable by 2 years in a state prison and up to a $10,000.00 fine.

What is the job market like and how is the cost of housing?

womaninflux posted 12/6/2013 14:31 PM

I think you have to reside in a state in which the Alienation of Affection lawsuit can be filed. And obviously, that would be where at least some of the affair took place.

I asked my attorney about this kind of litigation. It usually just ends up costing the plaintiff a lot of legal fees. And good luck collecting anything even if you are successful. The one thing it DOES succeed in is making it public and ruining the OP's reputation (and sometimes that of the other parties involved).

Be careful…if it were easy everyone would be doing this.

Kierst13 posted 12/6/2013 16:43 PM

I asked my attorney about this kind of litigation. It usually just ends up costing the plaintiff a lot of legal fees. And good luck collecting anything even if you are successful. The one thing it DOES succeed in is making it public and ruining the OP's reputation (and sometimes that of the other parties involved).

Be careful…if it were easy everyone would be doing this.

All of this. As far as the states that have laws on the books; I doubt many DAs are jumping all over prosecuting infidelity.

Gajit posted 12/6/2013 16:50 PM

No, no, no....

I was just thinking of using it as a bargaining tool for when I might have to negotiate with WH about our divorce settlement. He is fiercely protective of her. He knows how crazy is born in me. AND....he's not the brightest bulb in the box.

Lost15 posted 12/6/2013 21:56 PM

stbxh is being sued for alienation of affection by mow's husband. I think it was at first a bargaining tool to get her to come back but she didn't. Now the lawsuit is moving forward as far as I know. I honestly debated on doing the same to mow but just didn't think I could deal with any more crap. This divorce is taking enough out of me.

Lost15 posted 12/6/2013 21:59 PM

I know you have to be able to show you and your spouse were happily married (or something like that. And you have to have proof of the affair. It wasn't to hard for mow's husband because she moved into my home with stbxh.

Vulcanized posted 12/6/2013 22:06 PM

Unless this was repealed in a few states, it's actually 7 (Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah). It is difficult to prove, and expensive, from what I understand. In the other states, you can sue for criminal conversation, which seems to be a watered down version of AoA. Even more difficult to prove, is my understanding.

Dreamland posted 12/7/2013 01:13 AM

I would sue if I could but alas not in Texas. Yes it cost money but you could get a settlement against her and if they ever married its on him.
I would love to lynch that bitch

RippedSoul posted 12/7/2013 01:27 AM

She lives in UT; he lives in CA. They were intimate in UT, NM, and HI. So if I wanted to sue (although I don't right now), I could, right? But I don't live in those states, so how would that even work? Does "it" have to have just happened there?

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