She had an affair knowing he was married to my friend can my friend sue for mental anguish, the woman is now pregnant with the illigitimate child?
2007-03-16 05:09:03 · 13 answers · asked by Denise 1 in Politics & Government ➔ Law & Ethics
Place the blame where it belongs...on the loser who couldn't remain faithful. The other woman didn't make any commitments to your friend, therefore, she didn't break any, he did.
2007-03-16 05:20:54 · answer #1 · answered by mikehunt29 5 · 1⤊ 3⤋
I don't understand why women want to place blame to someone other than their husband. Yes, it's very aggravating to know there is another women involved. Wouldn't it have been easier if she were not there so the husband and wife could just work things out without the other women always being there to help HIM through this difficult time. Believe me, I've been there, but for some strange reason I realized that it was my husband at fault, as much if not more, as her. To sue someone in this scenario would only be trying to get something for nothing. Give it up. Tell your friend to hold her head high, get rid of the cheating husband and find an honest person to share her life with. I know it's difficult but her sanity is in jeopardy if she pursues this.
2007-03-16 05:34:26 · answer #2 · answered by Jenny J 3 · 1⤊ 0⤋
Yes, you can. In North Carolina there is a civil cause of action called Alienation of Affection and people sue under it and win judgements. I would guess that a defendant could avoid the judgement by filing bankruptcy, but you would still get your pound of flesh.
If a spouse has made sacrifices for the marriage and/or there are dependent children, a paramour does real damage and should be made to pay.
2007-03-16 05:18:45 · answer #3 · answered by Brenda P 5 · 0⤊ 0⤋
In the state of North Carolina you can.
It is called alienation of affection.
I had a friend who was loose enough to screw around w/ a married man and his wife sued my friend who paid through her eye teeth for screwing around with a married man.
In United States law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.
Alienation of affections was first recognized as a tort by the New York state legislature in 1864, and similar legislation existed in many U.S. states in the late 19th and early 20th centuries. Since 1935, this tort has been abolished in 43 states. Alienation is, however, still recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.
2007-03-16 05:20:34 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Generally, no.
There is no tort (in most states) for having an affair. What is commonly called "mental anguish" is one type of damages awarded in some tort cases, such as intentional infliction of emotional distress.
But to prove that, your friend would need to prove that the other woman's primary motivation in having the affair was to cause your friend emotional harm. A nearly impossible standard to prove, absent a confession by the other woman that she did it solely out of spite.
2007-03-16 05:14:26 · answer #5 · answered by coragryph 7 · 2⤊ 1⤋
Only a few states still have the tort claims for "Criminal Conversation" and "Alienation of Affection". You used to be able to sue for adultery, but states have now abolished these causes of action because of the reality -- lots of people cheat.
2007-03-16 05:15:10 · answer #6 · answered by Studbolt Slickrock Deux 4 · 0⤊ 0⤋
In some states yes, for example North Carolina. Hopefully someone will post a link.
2007-03-16 05:13:34 · answer #7 · answered by withluv7 3 · 1⤊ 0⤋
Here's a link by state:
Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, and Utah seem to still have laws on the books. Any other state.....no, you can't.
http://marriage.about.com/od/legalities/a/alienation.htm
2007-03-16 05:20:33 · answer #8 · answered by Michael E 5 · 3⤊ 0⤋
Yes if you state has laws regarding alienation of affection. However this is tough to prove especially if you have no divorced your husband. You will most likely spend more in court costs then you will reap from he case.
2007-03-16 05:16:18 · answer #9 · answered by smedrik 7 · 0⤊ 0⤋
Oh, yeah. Alienation of affection. Check your state laws and see if it is still on the books. You can file a civil suit as well if she is worth anything.
2007-03-16 05:13:25 · answer #10 · answered by dtwladyhawk 6 · 1⤊ 0⤋
Geeze, are you sure the woman knew? That would be hard to prove. The husband is just as bad. Why doesn't she sue him?
2007-03-16 05:13:07 · answer #11 · answered by Groovy 6 · 0⤊ 2⤋