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Can my soon to be ex sue for alienation of affection?

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Danersue

Junior Member
What is the name of your state? Mississippi

I have been married for 30 years to an alcoholic. I filed fo divorce in July of 2007. I met a man in December 2006 and have fallen in love with him. I should have left my husband 10 years ago when I started to but decided to stay until my youngest went to college. Now that my husband knows about the affair he is stating he will sue my boyfriend for alienation of affection as soon as our divorce is final. My boyfriend lives in Tennessee and my husband (soon to be ex) and I live in Mississippi. Can he do this? Will the state of Tennessee allow it? My husband keeps telling me he wants to settle our divorce out of court and will leave my boyfriend alone if I do so. He wants me to settle for my clothes and my car. We have 30 acres of land and a house and 4 automobiles. No debt at all. All is paid for. I am so angry that he is trying to blackmail me. He knows I would do whatever I could to protect my boyfriend. While I admit I should have left first, I do not feel as if I should have to give up half of the value of everything.What is the name of your state? I feel like I deserve at least half after putting up with him.
 


LdiJ

Senior Member
What is the name of your state? Mississippi

I have been married for 30 years to an alcoholic. I filed fo divorce in July of 2007. I met a man in December 2006 and have fallen in love with him. I should have left my husband 10 years ago when I started to but decided to stay until my youngest went to college. Now that my husband knows about the affair he is stating he will sue my boyfriend for alienation of affection as soon as our divorce is final. My boyfriend lives in Tennessee and my husband (soon to be ex) and I live in Mississippi. Can he do this? Will the state of Tennessee allow it? My husband keeps telling me he wants to settle our divorce out of court and will leave my boyfriend alone if I do so. He wants me to settle for my clothes and my car. We have 30 acres of land and a house and 4 automobiles. No debt at all. All is paid for. I am so angry that he is trying to blackmail me. He knows I would do whatever I could to protect my boyfriend. While I admit I should have left first, I do not feel as if I should have to give up half of the value of everything.What is the name of your state? I feel like I deserve at least half after putting up with him.
You are entitled to 1/2 of the assets that accrued during the marriage. Do NOT give in to blackmail. Alienation of affection laws have been struck down in most states. Consult a local attorney to confirm whether or not that's the case for Mississippi.
 

Golfball

Member
As far as I can tell, Mississippi is *not* one of the states that has barred claims of alienation of affection. As such, your STBX can almost certainly sue.

Whether the MS court would have jurisdiction over your paramour would be another matter entirely
 

TinkerBelleLuvr

Senior Member
It's a controlling thing that alcoholics do when their world gets turned upside down. Yes, you should have left your husband first. He may be all bluff too!
 

las365

Senior Member
Interestingly, this http://mslj.law.olemiss.edu/briefingservice/briefingservice.pdf
includes a description of a case in which the married couple lived in Tennessee and the man the wife had an affair with lived in Mississippi.

I can't copy it because it's a .pdf, but it explains the elements of alienation of affection under Mississippi law and how they applied to that case. It's Han**** v. Watson on the 4th pageof the .pdf document.

Yeah, I googled!
 

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