I'm no good at posting the link but this was on "The Good Morning America" show.....

Google it!!!!!

Justice is served and the WH sounds like any other wayterd....

http://www.cbsnews.com/stories/2010/03/23/earlyshow/main6325299.shtml

Bravo!! Now we can tell other BS's from NC they have this option.

Thanks Pep for the link....

A lady at work told me about this. She thought that more states should have this law because it may help deterre this insideous crime on marriages. Turns out her H had an affair many years ago..... She thought the OW didn't look like your stereo-typical OW..... I told her she doesn't look like a stereo-typical BS.....(she is a very well-kept BEAUTIFUL lady who is 55.....I pray I look that good at 55..... )

not2fun

I am GLAD to hear this story.

In Ontario, we have something kind of similar. BS can sue the AP for their legal fees if they D their WS.

KARMA BUS HAS A GOOD DRIVER TODAY

wish they had that law in NJ.... but it's a no fault state so they don't care really why you want a divorce... everything is 50/50 here

In Sunny Southern California, where we live, if you cheat on your spouse, you get to be on TV.

So are you planning on doing this IF your M ends up in this direction?....inquiring minds want to know.....

I love it

Now how do we get other states to allow such lawsuits?

Good. I just wish it was for "Marital Intrusion" on the part of the OP and "Gross Marital Misconduct" on the part of the WS. "Alienation of Affection" makes a lot of people laugh and roll their eyes, but I think most folks could understand the first two.

ABSOLUTELY.

Even if they separate, since I know I will have proof since he moved right in with her(STUPID WAYTURDS)

Oh, for god's sake - that one always makes me crazy. So, NO ONE is supposed to respect someone else's marriage?? When this woman goes to a wedding, does she size up the groom and if she likes him she tells the bride, "Hey, he's cute. Since I didn't make any vows to you, I'll feel free to move in on him if he's stupid enough to let me do that. Happy Wedding!"

The disconnect between Weddings and Marriages these days is HUGE. There are a whole slew of shows on cable TV about nothing but weddings and how fabulous they are and how this is the most special day of a woman's life, but when it comes to the Marriage people just spew crap like, "Hey, I didn't make vows to either one of them!"

Weddings are huge business and mega important to everybody involved, but Marriages remain a joke.

Do these people just go to the Wedding for the show and the food and the booze, and maybe to see if they feel like hitting on the bride or the groom, since they clearly do not feel the need to respect the Marriage?

Crikey.

Are you sure about this Scotland? I am under the impression they don't take adultery into account at all for divorce. I was even advised not to check the adultery box on my divorce forms (you have a choice between abuse, adultery or separated a year for reasons to divorce). I really wanted to check it, because it allowed you the opportunity to name the AP, but if you did that the AP got served with the divorce papers as well and had the option to sue you for libel. Even though I had plenty of rock solid proof, 3 different lawyers advised me not to do it as it offered no legal advantage whatsoever and it wouldn't cause her any harm that I might intend in the first place. I just wanted her name in public record as an adultress, that's all. It didn't matter in the end as WXH refused to sign the papers with OW's name on them. But I would have liked that.

Tabby, anyone can sue anyone else for anything at all. They had just better have proof of their allegations, or else the person they sue can turn around and sue them for malicious prosecution. If you have proof, any suit for libel would be a farce. I'd have said, "Let her sue!" I think having having an adulterer's name on public record as a homewrecker for posterity is pretty doggone good consequences.

A guy in my town won an AOA lawsuit against his wife's affair partner (proof was the OC born during his marriage to her), and she and her new affairage hubby were stupid enough to go on national TV to discuss their appeal of the punitive damages all the way to the Supreme Courth (which the SC refused to hear). That was good, cuz everybody on the internet was calling her a money-grubbin' ho.

Tabby1- My sister consulted an attorney who told her that if she wanted to, she could sue the POSOW for her attorney's fees for her D since the reason they split was the A. My sister didn't because she tried to reconcile but it didn't work and there was never any SOLID proof of the A. I think in my case since I have the keylogger info and the fact that WH moved in with POSOW, I wouldn't have a problem PROVING that they were together. I could also call witnesses from their workplace since I know who called me to tell me about the A and apparently they "FLAUNTED" the A there for a long time.

I wish there were AOA laws in my state. I would have a pretty good case.

- monopolizing WW's time away from me
- listening in on phone marriage counseling sessions
- exWW moving POSOM's 10 horses to our horse farm the day after she filed a PO against me
- the fact that POSOM was homeless and had no where for his horses 30 days prior to exWW asking for a divorce.

Damages would be easlily calculated.

Thanks, Pep!

These laws are on the books in my state. OW is leaving us alone PRESENTLY but if she comes after us for CS or ANYTHING, I plan on pulling this card out from under my sleeve and countersuing her for the EXACT amount of CS she is awarded (over the course of 18 years) + my legal fees. So she better STAY AWAY!

The catch in my state is that the statue of limitations is 3 years and she can request CS anytime before OC is 18.

I also cannot find a lawyer who has tried one of these suits in my state. Heck, I may be the first!

Hopefully, it will not come to this as I am NOT the suing type.

(Note: OW told H after birth of OC she didn't want any $$$ as she had a large inheritance from her dad....we'll see how long this lasts.....)

Then how does someone in a state that has abolished there alienation of affection laws sue the OP?

Intentional infliction of emotional distress. (IIED) There is a statute of limitations, which vary state to state. IIED is difficult to prove, though. A few things help:

1. Plaintiff has to prove distress, by either producing psych records, medical records, etc., showing ongoing emotional issues directly attributable to the A.
2. Plaintiff has to prove that the failure of their M was directly attributable to the A.
3. Plaintiff has to prove that the defendant's conduct would be considered "outrageous" by most people in a civilized society. Prevailing judicial attitudes toward adultery is that it is not severe enough to be considered outrageous.
4. Plaintiff has to prove that the defendant conducted the A to directly cause emotional distress to the plaintiff. For example, calling the BS and telling them that he/she just had sex with the plaintiff's wife.

The distress would have to be considered severe. For example, suicide attempts by the plaintiff wherein the plaintiff has left notes attributing the suicide to the A, and the attempt must be documented by medical professionals. It is not enough to be upset about the A.

Again, the intent of the defendant would have to be to directly cause distress to the plaintiff. Another example: Defendant pulls into plaintiff's driveway with plaintiff's wife and honks the horn to get the plaintiff's attention. When he knows he has plaintiff's attention, defendant begins 'making out' with plaintiff's wife.

It is very costly to pursue IIED and difficult to prove. Just being pissed and wanting to 'get back' at the OP will be an expensive process that may result in a counter-claim, and will more than likely be dismissed anyway.

But Canada is not nearly as sue-happy as the US and some things just won't fly at all. Sure, you can sue if you want, but it will likely get thrown out of court. Suing for attourny fees is not the same as AOA at all.

Interestingly, this story appeared today: http://www.thespec.com/News/Local/article/741588

It is about a woman suing the insurance agency that the OW worked for when the A began. It is a very interesting angle - I hope she wins. I actually know of the company her WXH owns and I can tell you, the stuff I know is not very flattering to them - and that's aside from this particular lawsuit. I'll be following this story for sure!

Tabby, do you know if they are divorcing? Reconciling? Sounds like they're apart but not divorced. Are the APs still together?

I have no idea. It doesn't say in the article but they sure don't appear to be reconciling and so far, the OW has been ordered to pay the BW's legal fees, but those likely have to do with her suit against the insurance company, not her WH. I'm going to talk to my friend who dealt with the WH's company and find out if he knows the guy or not. He was on his condo board when they fired the WH's property management company so he may have dealt with the WH directly at some point.

I know that, in Mississippi, the marriage must have ENDED in divorce before you have a case for AOA.

Migsamac, since you are still in your marriage, you might ought to check with an attorney on whether you can sue, even within the 3 years statute of limitations.

Just on the off-chance that she does come after your H for child support, it might be a good idea to put the monthly child support amount into a savings account, just in case.

Mulan


Eggszagley. Weddings are all about "I caught one, I caught one, look at what I caught. Nana, nana boo boob. Wanna catch the bouquet?" Shades of bodice rippers, it is all about the chase and nothing about the living.

Larry

Here's the link I was originally pointed to....
http://forum.marriagebuilders.com/u...er=2341351&what=showflat&fpart=1


WOW...that's a new line.....

Raise your hand if your WS told you that one??....

Raise your hand if the OP told you that one???....

yes for me on BOTH questions....


well THAT is certainly admirable....


Ummmmm....Mr. Shackleford, wouldn't those problems possibly, MAYBE have been your MULTIPLE OW'S?????.....

Nothing like foggbabble in PRINT!!!!!

not2fun

Lady Clueless

I will check with a lawyer on this.

And we are putting $$$ away in a SEPARATE account each month just in case. I hope to have a nice sum built up in 17.5 years or so.

Thanks for the advice!

I'd love to sue OW. I can see it now -- Repo Man taking away all her Mary Kay cosmetics. Cosmetics purchased on MY credit card... and I have the statements to prove it!

I know what you mean, HH. Very early after d-day, when I first made contact with OWH, he told me one of the things he found was a receipt for 4 new tires for OW's car purchased on WXH's credit card. I didn't even think to ask him for it at the time. Stupid me.

I did have to take WXH to small claims court and I *could* have taken OW with him. If you recall my tax refund situation (my refund was deposited in his account and he wouldn't give it back), that account is held in joint with OW. I was 99.99% sure of it at the time and even considered naming her on the suit. However, I would have had to make some attempt to get the money from her as well (i.e. called her up and asked and/or sent her letters). On the one hand, she may have caved if I'd asked her directly. But I really didn't want to have to deal with her and I knew that the judge would rule in my favour if I faced WXH alone as it would be obvious that HE was the vindictive one for hanging on to the money. FWIW, I did confirm that her name is on that account when he finally paid up with a check from it.

I wonder if we will ever see a case where there are 2 BS and they both sue...would it be a wash? Is one AP's affection more valuable than another's?