I've previously read some posts about suing the other woman. Does anyone actually know if this has ever been done, been successful and if so, in what State?

I don't exactly remember when or where, but I read that this woman who was married to her H for about 30 years did sue her H's OW for "alienation of affection."...I think she was successful too.

I'm not sure about anything else...I wonder if you have to be married for more than 10 years to be "eligible"? MSHERMI posted something recently about a bereaved BS suing the OW for gifts given to her by the deceased WS, and the OW was ordered to pay about $200,000 in restitution.

Anyone else? Let me know. This could prove interesting....

Twiisty

dscheller,,,,, i have often thought of sueing om and spoke to an attorney about that specific issue. he told me in my state (ca.) that it used to be common but now it doesn't fly very often. 1 reason was that as in my case what was to stop ww's mm's w from sueing my ww for the same reason. he also told me that the suet was not for alienation of affection but rather for interfering with a marrital relationship following the same quidelines as interference with a bussiness relationship.

now i just read in the paper yesterday that a bs w sued her late h's exow for all the gifts he had given the ow over their 7 year affair to the sum of $300,000.

i am again considering this action as om called fh to say that his cs payment was going to be $247 per month. what the he!! kind of support is that? you can't even buy diapers and formula for that.

Here is an article about suing OW
Good Luck

http://abcnews.go.com/sections/us/DailyNews/mistress021109.html

I've heard you can try in Washington and North Carolina... there may be others. Alienation of affection was eliminated in many states...

There are nine states left in which you can sue an ow or om for "alienation of affection" or "criminal conversation." But even in those states, you really have to show substantial damages in order for it to carry any weight, and generally, there must also be a divorce.
-cd

The first brought up was in NC. The ex-wife sued for a million dollars and won the judgement for a million dollars. Now, whether or not, she actually has ever received that million dollars, I don't know. From what I know, the ex OW, now the man's wife, probably did not have a million dollars. But the husband has alot of money. That's all I know about it.

What about "intentional infliction of emotional distress"? Many people use this on their credit card companies. Can you sue for that? What if you've been married for less than 5 years? Can you still sue OW? Anyone know anything about suing OP for that in the state of FL?

From what I understand, Intentional Infliction of Emotional Distress is a very weak action when it is brought by itself. It is usually combined with another intentional tort such as battery, assault, etc, and only stands alone in very unusual circumstances. In order to prove I.I.E.D., you must show that you have suffered SEVERELY DISABLING emotional distress. This can be very tough to prove in court, although I understand it has been done in similar circumstances. I know that ow circumstances are enough to do it, but I think it would be hard to convince a judge of that, as the current trend in law is that "we will not legislate morality."

But that is just from a first semester law school perspective - Best bet is to call around to local attorneys.
-cd

What about the State of Georgia and Tenn. Can you sue in those states? Maybe I should do some legal search on it too. Would be much better than the revenge I feel for her know. We live in Georgia. This women claims to be having my H"s Child with I still have problems with. We are working it out, but still very angry.

Firecracker.... i'm in Georgia too... Atlanta suburbs. what about you?

Z.

I live in North Georgia near Chattanooga, Tenn. I was curious to see anyone knew anything about this state.

Hey Firecracker - I work in Chattanooga, TN! It's a small world!

Did anyone read the article? The OW feels like she's been raped? OMG (that's oh my goodness) GMAB (that's give me a break). I spit my Earle Grey out my nose--not a lovely thing to do at work.

A slightly damp, MJ

MJ---LOL!!!!!!!!!!

J,
almost snorted my OWN earl grey! LOL

***we will not legislate morality."

I've heard this used by many lawyers as a reason not to pursue pain and suffering as a result of an affair.
But if you think about it we legislate morality everyday....
Tho shalt not kill
Thou shalt not steal
Thou shalt not .........
Most of our laws are based on the 10 Commandments.
My question has always been how do the courts decide what moral values to uphold and which do you let go.
As far as sueing the ow. I've have heard OW whine and cry about how MM is %50 percent responsible for the creation of the child so he should be held financially liable. Well, if you follow that logic all the way through OW is %50 responsible for the pain I have been put through so shouldn't she be held financially liable ?

CD,
I sure will be glad when you get that law degree.

Jtigger

Here's a pretty good article explaining the Alienation of Affection law and the states recognizing it.

Alienation of Affection

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Well, if you follow that logic all the way through OW is %50 responsible for the pain I have been put through so shouldn't she be held financially liable ? </font><hr /></blockquote><font size="2" face="Verdana, Arial">

That has always been a thought of mine...I have no problem with my H being responsible for his 50%...but the law requires him to pay more since her income isn't as "high" as his. I believe 50/50 is fair. I also feel that my OW should pay for the loss of some of our standard of living for the children of the marriage that was there before OC. I would love for her to pay me a "STUD" fee for the use of my H's sperm too since we pay our sperm donation priveledge monthly.

But I digress and am having a bad day. I'll shut up before I start a brouhaha on this board.

Twiisty