SurvivingInfidelity.com Forums
Divorce/Separation
User Topic: Alienation of Affection
pointmagnet
Member
Member # 16565
Default  Posted: 4:01 PM, June 20th (Thursday)

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?


Me (BS): 53
Her (WW): 51
Married: A long time
Children: Three of them
D-Day: 10/07/07; 12/15/12
Status: Done

Posts: 469 | Registered: Oct 2007 | From: USA
Phoenix1
Member
Member # 38928
Default  Posted: 4:09 PM, June 20th (Thursday)

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!


BS - Me
XPOS - too many OW/OCs, started 1994? - never stopped
Kids - 22, 20, 17
M Dissolved 2013!!!

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man, ~ Shakespeare


Posts: 828 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
HeartStings
Member
Member # 38017
Default  Posted: 8:33 PM, June 20th (Thursday)

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

Posts: 88 | Registered: Jan 2013 | From: New England
trumanshow
Member
Member # 25624
Default  Posted: 9:36 PM, June 20th (Thursday)

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)


Your ex wanting to be friends is like asking a kidnapper to stay in touch when they let you go.

The type of fierce loyalty that I possess made me incapable of comprehending the level of disloyalty that he possessed


Posts: 1664 | Registered: Sep 2009 | From: Charlotte, NC
Catwoman
Member
Member # 1330
Default  Posted: 9:39 PM, June 20th (Thursday)

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


FBS: Married 20 years, 2 daughters 25 and 22. Divorced by the grace of GOD.
D-Days: 2/23/93; 10/11/97; 3/5/03
Ex & OW Broke up 12-10
"An erection does not count as personal growth."

Posts: 29473 | Registered: Apr 2003 | From: Massachusetts
Later
Member
Member # 39375
Default  Posted: 9:54 PM, June 20th (Thursday)

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.


Posts: 384 | Registered: May 2013
pointmagnet
Member
Member # 16565
Default  Posted: 11:10 PM, June 20th (Thursday)

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.


Me (BS): 53
Her (WW): 51
Married: A long time
Children: Three of them
D-Day: 10/07/07; 12/15/12
Status: Done

Posts: 469 | Registered: Oct 2007 | From: USA
curiouswiz
Member
Member # 34405
Default  Posted: 7:00 AM, June 21st (Friday)

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!"?


God bless us, everyone.

Posts: 600 | Registered: Jan 2012 | From: Boston
chikastuff
Member
Member # 35288
Default  Posted: 9:04 AM, June 21st (Friday)

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.


Me- 32
Happily engaged and moving on

Posts: 382 | Registered: Apr 2012 | From: New England
chikastuff
Member
Member # 35288
Default  Posted: 9:04 AM, June 21st (Friday)

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.


Me- 32
Happily engaged and moving on

Posts: 382 | Registered: Apr 2012 | From: New England
sparkysable
Member
Member # 3703
Default  Posted: 9:51 AM, June 21st (Friday)

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.



D-day OW#1 2/2004; R for 6 years; D-day OW#2 5/2010
Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.

Posts: 2795 | Registered: Mar 2004 | From: NY
Topic Posts: 11