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Joined: May 2006
Posts: 750
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OP
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Joined: May 2006
Posts: 750 |
Has anyone ever heard of a BS suing the OP, say, a civil lawsuit based on emotional distress or some such thing?
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Joined: Feb 2003
Posts: 4,424
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Joined: Feb 2003
Posts: 4,424 |
It's been done. Alienation of Affection. The case I remember was either in NC or SC.
Dobie
Me - BS
DDay 1 (Multiple affairs while overseas) - Feb 2003
DDay 2 (AdultFriendFinder Profile) - April 2007
Seeing a counselor. I think we have him stumped.
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Joined: May 2006
Posts: 5,463
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Joined: May 2006
Posts: 5,463 |
I do remember reading something about it on one of the post! I think it depends on the state! You might want to search the posts. I can say that it was after 5-14-06 that I read it. Sorry I can't help more. It was something like you can!
A loving heart is the beginning of all knowledge.
Thomas Carlyle
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Joined: Feb 2003
Posts: 4,424
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Joined: Feb 2003
Posts: 4,424 |
Me - BS
DDay 1 (Multiple affairs while overseas) - Feb 2003
DDay 2 (AdultFriendFinder Profile) - April 2007
Seeing a counselor. I think we have him stumped.
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Joined: May 2006
Posts: 750
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OP
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Joined: May 2006
Posts: 750 |
Well, I just did a little quick research and found that my state does not permit alienation of affection lawsuits anymore. Most states do not.
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Joined: Aug 2005
Posts: 2,160
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Joined: Aug 2005
Posts: 2,160 |
You can check on "alienation of affection" laws here: http://marriage.about.com/od/legalities/a/alienation.htmI don't know if one can sue under the common-law tort of Intentional Infliction of Emotional Distress statutes or not. Heck, you can sue if you don't like someone's mustache these days. Who knows what might happen. Let us know what your attorney says, okay?
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Joined: Feb 2003
Posts: 4,424
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Joined: Feb 2003
Posts: 4,424 |
If it comes down to the ugly D scenario, you might want to check out "criminal conversion" on your wife's part. That's a separate issue.
Me - BS
DDay 1 (Multiple affairs while overseas) - Feb 2003
DDay 2 (AdultFriendFinder Profile) - April 2007
Seeing a counselor. I think we have him stumped.
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Joined: May 2006
Posts: 5,463
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Joined: May 2006
Posts: 5,463 |
What is "criminal conversion"? If you don't mind explaining or giving a link.
A loving heart is the beginning of all knowledge.
Thomas Carlyle
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Joined: Apr 2001
Posts: 4,140
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Joined: Apr 2001
Posts: 4,140 |
I saw a news article a while back - maybe last year - about making Gross Marital Misconduct (infidelity, whether EA or PA) both grounds for divorce and grounds for suing for damages.
Wish I'd saved that article. We need a law like that.
It used to be stalkers could not be touched unless they physically assulted or killed someone. Those laws were changed. This one needs to be changed, too.
Mulan
Me, BW
WH cheated in corporate workplace for many years. He moved out and filed in summer 2008.
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Joined: Jul 2004
Posts: 3,525
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Joined: Jul 2004
Posts: 3,525 |
In the case of infidelity..it would be more a matter of reinstating laws than creating new ones..but I don't think it's likely to happen.
This is a very hedonistic society we live in..and no one wants their toes stepped on.
Cowards die many times before their deaths;
The valiant never taste of death but once ~Shakespeare
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Joined: Apr 2006
Posts: 2,693
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Joined: Apr 2006
Posts: 2,693 |
Too bad we can't do that. But what good would it do anyway. You are dealing with an immoral idiot that has no regards for anyone but themselves. I am sorry but anyone that can be with a married person is a scumbag IMHO.
The laws for people that commit adultry are getting better for them.
I live in a no fault state. I can file for D for two reasons irreconcilable differences and insanity.
Yes your honor my FWW and I have irreconcilable differences she believed it was ok to sleep with another man and I do not. You know if the person that commits adultry has to walk away from the marriage with nothing maybe that would help.
My marriage sucks so I am going to find another person. Oh wait if I get caught I will lose everything. Two choices fix whats broke or get a D. If you cheat you lose.
Isn't that what we tell our kids "Winners never cheat and cheaters never win". In my state they don't lose either.
It will also have a good effect on recovery. Crap I screwed up and if I don't try to work it out I lose.
No spousal support either if the women cheats. I have to pay someone for 4 years after she cheated on me. Heck she should pay me back for supporting her all these years and rewarding me by cheating on me.
Ok vent over but it felt good.
BS 38
FWW 35
D Day 10/03
Recovery started 11/06
3 boys 12, 8 and a new baby
When life hands you lemons make lemonade then try to find the person life hands vodka and have a party.
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Joined: Jul 2004
Posts: 3,525
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Posts: 3,525 |
I think it is entirely appropriate that infidelity should result in loss of any and all marital assets..including custody.
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