2007-11-20 11:15:30 · 15 answers · asked by ? 5 in Politics & Government ➔ Law & Ethics
Great question!
There's a very old tort called "enticement" which consists of intentionally inducing a married woman to leave her husband. It has been abolished by statute in Australia and New Zealand; not sure about other countries but I'd guess it almost certainly has been abolished in most.
However, the tort was based on the "proprietary or quasi-proprietary" interest of the husband in the wife or her "services". Consequently, it was NOT available for a woman to sue her husband's mistress for breaking up the marriage - only for a man to sue his wife's lover.
EDIT: Just checked up and the people above are correct in relation to the US - what I said only applies to Australia and NZ, possibly other Commonwealth countries.
2007-11-20 11:30:31 · answer #1 · answered by xxxx 2 · 1⤊ 0⤋
Some states still have an alienation of affections cause of action. Some states have morphed it into something else sounding more modern, like interference with personal relationships.
But the short answer: yes, it can be done, based on what state you are in.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-20 11:39:12 · answer #2 · answered by scottclear 6 · 1⤊ 0⤋
Yes. Many states allow it. It is called "alienation of affection" and can make the "other woman" miserable and cause her lots of trouble.
If it were legal in my state, I'd have done it in a heartbeat.... Not that I really blame the woman (or women, as the case may be)...it was HIS fault...he could have said "NO"....but, what sweet revenge it would have been to see her splashed all over the place.
Luckily, it's been 25 years and I'm not mad anymore. He cheated on her too...and 3 other wives.......
2007-11-20 15:41:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes. There was an episode of Oprah recently where a woman sued her husbands mistress for $50,000. Here's the link with that story.
http://www2.oprah.com/relationships/slide/200710/rel_20071019_350_110.jhtml
2007-11-20 11:22:43 · answer #4 · answered by grrrrrl1978 2 · 1⤊ 0⤋
In a very few states of the US, yes (7 of them) . But in most other states, particularly those with "no fault" divorce laws, the answer is no.
2007-11-20 12:30:02 · answer #5 · answered by raichasays 7 · 0⤊ 0⤋
You can sue anybody for anything, but that doesn't mean you're gonna win or that the lawsuit won't be thrown out of court...
2007-11-20 11:19:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes, she can sue for alienation of affection.
2007-11-20 11:24:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes. it's called alienation of affections.
2007-11-20 11:19:37 · answer #8 · answered by Anonymous · 2⤊ 0⤋
I believe that to be true but I would check with an attorney.
2007-11-20 11:37:01 · answer #9 · answered by towanda 7 · 0⤊ 0⤋
It varies from state to state but generally speaking, yes.
2007-11-20 11:17:26 · answer #10 · answered by CHARITY G 7 · 1⤊ 2⤋