If a husband has an affair and fathers a child with the other woman, can the other woman be sued by his spouse? If so, what would be the grounds for suing her? The spouse suffered mental, physical and emotional abuse during the time of the affair and the birth of the child. To date, the spouse still suffers abuse. Help.
2007-10-19 15:34:07 · 20 answers · asked by Mae B 1 in Family & Relationships ➔ Marriage & Divorce
why bother, as long as u still want revenge on her u will never be able to move past this. get rid of your spouse, call an attorney freeze his assets, and move on. the courts really don't care anymore especially if u happen to live in a no fault divorce state. u have alot to be sad about, and it hurts alot, but the answer to all of this isn't in getting even with her, its finding peace in all of this. why keep yourself tied to them, and keep reliving the pain. your husband played a huge part in this also. just move on seek no revenge, your goal is to get out of this with as much of your dignity as u can so keep a low profile even though they ripped your heart out.
2007-10-19 15:42:58 · answer #1 · answered by jude 7 · 1⤊ 0⤋
Where do you live? In the US, there are very few states that still allow alienation of affection lawsuits. Most states have abolished them. Even in the states where they are still allowed, they are very hard to win. In order to be successful, you have to prove that there was ‘love and affection’ in the marriage when she entered the picture (and therefore, she ‘stole’ that love and affection). Generally, that’s not the case. Normally, the marriage was already in trouble before the affair started.
You can’t sue her for mental and emotional abuse that you suffered as a result of the affair/the birth of the child.
Maybe you should focus your attention on the *real* guilty party--your husband. After all, this woman did not promise to ‘love and honor you and forsake all others’, but your husband did. I’m sure this woman did not hold a gun to his head and *force* him to have an affair with her.
2007-10-20 01:11:40 · answer #2 · answered by kp 7 · 0⤊ 0⤋
Some states have provided litigation on the grounds of loss of companionship but the guidelines are strict. You have to prove the person on the side KNEW you were married, and INTENTIONALLY came between you and your spouse. There have been cases where people have 'won' two million dollars from the interfering little sneaking weasels. The best thing for you to do is get a lawyer who knows your state laws best. If the woman is in another state, check their laws too, as either state may have jurisdiction, depending on the circumstances. Cheaters F'N Suck! Wish I could sue my ex wife and her side-guy. Women are creeps.
2007-10-19 22:41:27 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Well, I disagree with the other answer. My best friend was sued for alienation of affection by the wife of a guy who wrecked my friend's car. She had never seen the guy before, and the accident was his fault, but the wife found a lawyer to file the suit. The judge threw it out though.
2007-10-19 22:39:27 · answer #4 · answered by Rose T 6 · 1⤊ 0⤋
Apparently some people are doing just that....I think it is ridiculous to sue another woman and make her pay....and not put the blame on the cheating husband......
If you are speaking about yourself....."the spouse suffered mental, physical, and emotional abuse during the time of the affair".......who inflicted this abuse? Was it she or your cheating pathetic husband? Somehow I doubt that she came over and inflicted such abuse on you....you just what to blame someone else for your husband's infidelity...
2007-10-19 22:39:12 · answer #5 · answered by Anonymous · 2⤊ 1⤋
I know in Arkansas, my dad is City Attorney for Greenwood, and here if you catch them and have proof, then the spouse could take half of mistress/other mans check each month,week, etc., then for the husband/wife who's cheating the spouse and him/her will say what they want like the car, house, child support etc., and it will go into the divorce papers.
Also I think you can do this if the other woman knew he/she was married... Just most will lie and say they didn't know.
2007-10-20 00:28:14 · answer #6 · answered by Brecken's Mommy 3 · 0⤊ 1⤋
It is usually suing the spouse for alienation, not the ow or om, but in some states you can sue either or. Funny, when these laws were in place in most states, not as many divorces. Guess they either were faithful or very careful about not getting caught.
2007-10-20 00:52:29 · answer #7 · answered by pussycat 5 · 0⤊ 1⤋
You watched Dr. Phil today. The answer is yes. My ex husband's mother sued her ex husband's mistress. She received over a million in assets from the divorce and just under half a million from the suit against the mistress who is now married to her ex husband. Alienation of affection were the grounds. She had to prove this woman wedged herself between husband and wife and "took over," which she did. You wouldn't believe the story. She even got involved with their son's education and extra curricular activities when he was in school. (I was once married to the son.) You would have to prove damages. It would be a tort case. Attorneys will tell you it's a difficult road. But hell, you deserve it! Go for it! It's yours for the taking. I wish you the best luck in the world.
2007-10-19 22:42:04 · answer #8 · answered by MWestbrook 4 · 2⤊ 2⤋
Depends on the state you live in. Some states still allow the wife to sue the other woman for interfering and messing up their marriage (and the husband is just as guilty as the other woman).
http://marriage.about.com/od/legalities/a/alienation.htm
2007-10-19 22:57:01 · answer #9 · answered by KittyKat 6 · 0⤊ 1⤋
You're kidding right?
You can try to sue anyone you want, the problem is winning. It is not her responsibility to keep a husband from cheating on his wife and it's a lawsuit that would fail.
Any pain caused by adultery, ultimately is the fault of the cheating spouse.
2007-10-19 22:44:41 · answer #10 · answered by Stedway 4 · 4⤊ 1⤋