A close friend of mine who writes legal briefings for attorneys (basically prepares the case all the way to the courtroom) and whose father is one of the top attorneys in my city, sent this to me after I asked some questions. I am wondering if anyone else has heard of this, and if it is successful.


Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex.1993) - a divorce case - is one of the cases that "established" the tort of intentional infliction of emotional distress. There the husband sued the wife for divorce and the tort of intentional infliction of emotional distress, and recovered a judgment in his favor on the divorce and the tort.
Appellant may also be able to bring a cause of action for intentional infliction of emotional distress against the offending spouse and against a third party based on interference with the marriage relationship. Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex.1993) (holding intentional infliction of emotional distress available for tort actions among spouses); Stites v. Gillum, 872 S.W.2d 786, 793 (Tex.App.-Fort Worth 1994, writ denied) (recognizing intentional infliction of emotional distress may be available as a viable cause of action by spouse against third party).


As such, it seems to me that you could file for divorce and sue for the tort of ntentional infliction of emotional distress. I will have to read the other cases, but at the very least you could use it as leverage to get the equity in the house in the division of the marital estate.

This sounds really interested....first I've heard of it...but I'd love to know more. <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />

Awesome post - I will ask my attorney about this.

My friend thinks the next logical step in the process might be to send a letter (on legal letterhead) to the third party announcing our intentions to pursue this cause against him. Possibly making an early monetary demand to see what his response will be. If he doesnt respond in a manner that is satisfactory, we would go to the employer (WW and OM work at the same place) and request documentation of all email correspondence between them on company computers. This would give him a choice, agree to our demands or face exposure at the workplace.

I read about this in a magazine a few months ago. It seems that this couple used this law(TORT)? to get money from unsuspecting men, they would send the wife to have affair, and then the husband would sue for $75,000 for interfering with a marriage and was awarded for this, but they did it to 3 different people and got caught, I think they were sued, but not sure of what happened. But they were making money from this law.

That case actually happened here in my hometown.The husband and wife were both attorneys. What they did was legal, but not ethical and although they were not sued, they were reprimanded by the state bar.
My sitch got even more interesting yesterday. WW filed for divorce. Back in Feb. 2000, OM was divorced by his XW. It was uncontested and he did not have legal representation. In Nov. 2000 there was another cause of action involving the children from the marriage, and he hired an attorney. And guess what? Despite the fact that I live in a city of about 2 million people, with a ton of attorneys, she has retained his attorney! So, I cant wait to see what my atty. has to say about the fact that the person that she is having an adulterous relationship with has referred her to his attorney! Conspiracy, and he has conspired to interfere with my marital relationship, he has intentionally inflicted emotional distress and is now conspiring to support an unjust and unfair division of our community property. Oh the web they are weaving is such a tangled mess. I cant wait for Monday. If my attorney does not want to play hardball, I will find one that will. That being said, I think I have a very good attorney. He is extremely well connected in the community. As a matter of fact, he represents the owner of the Minnesota Vikings, one of the wealthiest men in the entire state.