What is it called when you can sue the person your spoused cheated with?

[numbfromheadtotoe]

Only in a few states


thanks

[SuckerFree]

Its called rare.

[numbfromheadtotoe]

Alienation of affection

[Bdart]

I think every state should have this alienation of affection law, where we the innocent spouse could sue the fire out of these evil people that help ruin our lives. Believe me, I already checked into this.

[numbfromheadtotoe]

I knew that it wasn't in my state, now a friend in another state found out about his soon to be ex wife, a no go in his state either.

[MuffinMan]

Its called a fantastic idea!!! But I wouldn't want to sue the men my wife cheated with...I want to sue my wife.

I think that if a spouse is caught cheating, and sufficient evidence is presented to make the case, the marriage should be disolved and the cheating spouse leaves with only the clothes on their backs and whatever they brought into the marriage. I know that would be hard to calculate, but that would be my wish!

[Ravage]

I want to sue my wife. lol. That's crazy. Because if you sue her arent you sueing for your own money?

[MuffinMan]

I want to sue my wife. lol. That's crazy. Because if you sue her arent you sueing for your own money?

Nah..you can sue for full custody...you could sue for your spouse to get a diminished share of the marital assets...or you get ALL the assets...LOL..things like that.

[prex]

criminal conversation seeks damages for the act of sexual intercourse between the spouse and a third party. Each act of adultery can give rise to a separate claim for "criminal conversation".

The majority of states have abolished or severely curtailed the torts of alienation of affections and criminal conversation. In North Carolina, however, these torts are very much “alive and kicking.” In 1997, a jury in Forsyth County ruled that a female paramour had to pay 1.2 million dollars in damages to the innocent spouse. In Alamance County, a jury gave a jilted wife one million dollars in damages. A deceived husband in Wake County received $243,000 in damages. In 1999, a Durham Court Judge ordered the wife’s lover to pay $40,000 in punitive damages to the deceived husband on his criminal conversation claim. Thats what I'm talking about.

In a criminal conversation trial, the innocent spouse has to prove only three things: Firstly, that the innocent spouse is legally married to the adulterous spouse, secondly, that an act(s) of sexual intercourse took place between his or her spouse and a third party, and lastly, that the adulterous act(s) took place within the three-year statute of limitations. There is only one defense to a charge of criminal conversation – the innocent spouse’s consent to or encouragement of the adultery before it actually took place.

The defending third party cannot raise the defense of being seduced by the adulterous spouse or that the adulterous spouse consented to sexual intercourse. The defendant cannot raise the defense of being ignorant that the adulterous spouse was married. Nor can the defendant raise the defenses that the adulterous spouse was unhappy or mistreated in his or her marriage and that the adulterous spouse was separated at the time the adultery took place. The defendant cannot even raise the defense that the so-called “innocent spouse” had also been unfaithful during the marriage. Hell yeah!

In contrast, an action for alienation of affections does not have to be based on acts of adultery. This tort is based on the wrongful, malicious acts of a third party which are intended to destroy a marriage or alienate one spouse’s affections from the other spouse. Wrongful, malicious acts will, of course, include sexual intercourse with the unfaithful spouse. To be liable for damages, the third party’s wrongful acts must also be proven to have caused one spouse to lose affections for the other spouse.

Since alienation of affections is based on wrongful acts intended to alienate a spouse’s affections, the defendant can raise the defense that he or she did not know that the unfaithful spouse was married. Or even if the defendant knew that the spouse was married, the defendant can raise the defense that his or her actions were never intended to alienate affections within the marriage.

[Ravage]

AOA is a cool law I wonder if that applies to new york state cause if I ever get married. I will have safeguards in place to make sure that if we divorce we divorce on equal terms and if she tries to leave me for another dude, on some I aint happy **** but you can still pay my bills. I'm gonna have to do what must be done. Also that pre-nup is gonna be on lock. I dont play games with my financial future.

So there's no reason for her to play with mines.

[numbfromheadtotoe]

Hawaii
Illinois
Mississippi
New Hampshire
New Mexico
North Carolina
South Dakota
Utah

[Ravage]

Too bad it doesnt seem to apply here in nyc. but at least you can file on the gorunds of adultery and if you can prove it. you can tilt the thing in your favor but since I've never been married I wouldnt know. I'm just going on heresay.

And if I do ever get married, she will sign an iron clad pre-nup, I'm sorry. I love you but who knows what the future might bring right?

[hurditallb4]

I think you could sue her on the basis of emotional distress. You could draw up a civil case against her. Im not for sure but check on the laws where you live. But I think that's it.

[Johnny_N]

Hawaii
Illinois
Mississippi
New Hampshire
New Mexico
North Carolina
South Dakota
Utah

How about Canada, could you help please.

[MuffinMan]

Hawaii
Illinois
Mississippi
New Hampshire
New Mexico
North Carolina
South Dakota
Utah

Woohoo!!!...I'm in Illinois!

[MuffinMan]

How about Canada, could you help please.

I think its law in Canada that mandates you cheat on your spouse...if the french had anything to do with it that'd be true.

[Hellfighter]

I think its law in Canada that mandates you cheat on your spouse...if the french had anything to do with it that'd be true.

Too true MuffinMan! Canada has some of the most liberal divorce laws in the world...even here in good old conservative, redneck Alberta (Canada's equivelent to Texas) where I'm from.

I've seen too many good men turned into paupers with a stroke of the judge's pen, even though it was the women doing their best "ho" imitations.

Don't get me wrong ladies, I really do respect women. But many are really doing their level best to catch up with (and passing) the crap that the men have been guilty of for many years. Especially in the internet emotional affair department.

I don't care if you're a male or female cheater...you are scum.

Like the old addage, "you want to play, you are gonna' pay!"

And if I had it my way, the cheater would be entitled to zip, zero, nada.

Well, maybe their suitcase. Maybe.