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Posted By: mbm626 alienation of affection laws - 08/20/01 02:43 AM
Does anyone here have any info on the alienation of affection laws and how these lawsuits work out for spouses trying to get back on their feet? I live in one of a few states where the law gives us an opportunity to sue the OW for alienation of affection. Has anyone ever done this and how did it work out? I'm trying to do some research on this and an interested in feedback. Thanks! Hope everyone is coping as well as can be. I pray for us all!
Posted By: takingcare Re: alienation of affection laws - 08/20/01 02:29 PM
In my state, the laws were taken off the books, so I have no recourse in Tennessee to sue the OW. My lawyer told me the reasons the law was stricken basically was due to the difficulty in proving alienation was 100% due to OW. I don't know if I buy that explanation. <P>I would imagine that you would have to end up divorced. That is fiorst requirement. Then there is also the tricky aspect of the fact that your H was in agreement to participate in the affair. <P>I am angrythat I cannot sue OW for the financial damage she did to my family. By having a child, she is draining $1,500 per month from my home. That is criminal in my eyes. But child support law says you cannot discriminate against a child born out of wedlock, so the big catch 22 here. <P>I am sorry that I cannot provide a more direct answer to your question. Regards...
Posted By: Mrs. Job Re: alienation of affection laws - 08/21/01 05:33 AM
MBM, you might try "Intentional Infliction of Emotional Harm." Although I have been told by an attorney that the plaintiff (you) seldom wins these cases and that your life is totally tied up in court and your private life exposed for public record.<P>I thought about pursuing something like this and gave up the idea. My H just thought it would mean he would have to pay more CS. I told him I didn't think so, but that it really wasn't worth pursuing.<P>MJ
Posted By: catnip Re: alienation of affection laws - 08/21/01 04:00 PM
In my case, I have found an attorney in Texas who is willing to sue the OW for Personal Injury on my behalf, on a contigent basis, because he longs to do something to change the confiscatory support laws and to deter women who knowingly screw married men and deliberately and selfishly ruin everyone's life forever. He wants to make a difference...kind of rattle the cage.<P>I have been stalling due to lack of funds and an impossible financial situation. All he needs is $1500 to get it started and he will bear the rest...on principle. He knows, as do I, that we will not 'win' any money, but we are hoping that this suit will impact the 'laws' protecting these predatory oppotunists from deliberately intruding themselves into our lives and families. <P>Maybe if the laws were changed so they wouldn't get lottery style compensation (support) from these men, they would be less willing to engage in behavior that ruins everyone's life forever. And if a stigma were reintroduced into society saying that this kind of behavior is immoral and wrong, perhaps they wouldn't be so quick to jump into bed with men they know are married, and perhaps if society would stop glorifying the single parent, to the child's disadvantage, they would be compelled to do the right thing by their child and give it up for adoption, like I did.<P>Regardless of public notariety, it is a good thing to do something, anything, to stop this pervasive destruction of our families...even if it means our discomfort and embarrassment. There are attorneys out there who believe in reformation...it just takes some time to ferret them out among the skunks.<P>While Alienation of Affection laws have been off the books in most states for more than a decade, there ARE other suits that are valid that CAN be brought against the OW.<P>Stay strong and come out fighting. Do whatever you must to protect what is yours. Do whatever you must to change the system.<P>Catnip =^^=
Posted By: mbm626 Re: alienation of affection laws - 08/27/01 11:41 PM
[QUOTE]Originally posted by catnip:<P>Maybe if the laws were changed so they wouldn't get lottery style compensation (support) from these men, they would be less willing to engage in behavior that ruins everyone's life forever. And if a stigma were reintroduced into society saying that this kind of behavior is immoral and wrong, perhaps they wouldn't be so quick to jump into bed with men they know are married, and perhaps if society would stop glorifying the single parent, to the child's disadvantage, they would be compelled to do the right thing by their child and give it up for adoption, like I did.<P>Regardless of public notariety, it is a good thing to do something, anything, to stop this pervasive destruction of our families...even if it means our discomfort and embarrassment. There are attorneys out there who believe in reformation...it just takes some time to ferret them out among the skunks.<P>While Alienation of Affection laws have been off the books in most states for more than a decade, there ARE other suits that are valid that CAN be brought against the OW.<BR>..........<P>Thanks catnip.....I know that no monetary reward will be given even if a suit is brought against OW, its just the principle that the wife has to endure loss of income, possibly H, break down of her family, etc. and the OW comes out smelling like a rose (in most cases); granted OW is in for rude awakening with newborn, but that was the choice she chose; I wasn't consulted on adoption issue or other means for this child to have 2 parent home life...anyway; we seem to share the same thinking in that if the laws were somehow changed to have less loopholes for OW to take advantage of the system, I'm all for it!
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