Alienation of Affection

[av8r]

This is in Virginia. My fiance and I met in December, 2000. She thought her divorce was final in February as that was when the one year waiting period was up. In late April I joined her on a trip overseas to visit her family and announce our engagement to them. We later found out that her divorce was not final because it had not gone through a judge and her ex is now sueing me for $250,000 for Alienation of Affection. Does he have a case?

She had filed for divorce before we met and had been trying to get him to concent to a divorce for the past eight years (2 months after they got married) He has lied to her and been very disrespectful to her. He also reportedly beat her on two occations.

She has now moved in with me as she can't afford to maintain a seperate apartment. Does this help his case?

 

[LegalBeagle]

This is in Virginia. My fiance and I met in December, 2000. She thought her divorce was final in February as that was when the one year waiting period was up. In late April I joined her on a trip overseas to visit her family and announce our engagement to them. We later found out that her divorce was not final because it had not gone through a judge and her ex is now sueing me for $250,000 for Alienation of Affection. Does he have a case?

No.. I do not believe that VA recognized that course of action.. and even if it did, to have any chance of success, he would need to prove that at the time you entered the 'picture', him and his wife was truly and deeply in love.. and it was you who lured his wife away and destroyed the relationship.

Has he actually filed the suit in court? Is he using an attorney?

If so, you need to retain an attorney and have the case dismissed and petition for your legal expenses to be paid in full.

 

[LegalBeagle]

I was right...


§ 8.01-220. Action for alienation of affection, breach of promise, criminal conversation and seduction abolished.

A. Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968.

B. No civil action for seduction shall lie or be maintained where the cause of action arose or accrued on or after July 1, 1974.

 

[av8r]

Thanks for your answer. Its good to hear.

What he told me on the phone the other night is that his lawyer has drawn up the paperwork. I seriously doubt anything has been filed.

Is there anything else he could be suing me for?

I would have a difficult time getting him to pay legal fees as his multiple social security numbers (4 that I have documented) have enabled him to hide income and avoid paying child support and other bills for years.

 

[LegalBeagle]

So why not report him to the SS office?

The only thing he can do is name you in the divorce and claim adultery by his wife.