divorce

i need some help. i am considering divorcing my husband on the grounds of adultery. i have caught him with the lady on 2 separate occasions and have witnessed her dropping him off after he spent the night with her. a friend said that i could sue her for alienation of my husbands affection. is this true? we live in alabama.

[I AM ALWAYS LIABLE]

Originally posted by mcshan
i need some help. i am considering divorcing my husband on the grounds of adultery. i have caught him with the lady on 2 separate occasions and have witnessed her dropping him off after he spent the night with her. a friend said that i could sue her for alienation of my husbands affection. is this true? we live in alabama.

My response:

Your "friend" doesn't know Alabama law. She's telling you things that she heard of in other States. Alabama law specifically states:

Section 6-5-331
Alienation of affections, criminal conversation, and seduction.
There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over.

(Acts 1935, No. 356, p. 780; Code 1940, T. 7, §115.)

Now, as to your first issue of adultery. Why do you want to spend bucket loads of money on a "fight" ? The only winners will be the attorneys.

All States recognize "no-fault" divorces too. It's much easier and quicker just to obtain a no-fault divorce than to drag out a protracted and expensive divorce using "fault" grounds.

Listen, a divorce is a divorce is a divorce.

If you want out, do it the most inexpensive way possible, and then just move on with your life.

IAAL

I have read your question and the previous reply. What I want to know is, if your husband has committed adultery, why would anyone want to try to financially ruin the person with whom he did it? Wasn't the promise to be faithful made by HIM, not HER?

Assuming that he was living with you in a relationship that still was being considered to be faithful and he cheated and lied to you and broke your trust, I believe that you are entitled to a divorce on grounds of adultery. There does need to be some kind of consequence for that misconduct. But if you were already seperated and on your way to a divorce anyhow, come on!

Most importantly, I just don't understand why people are so caught up with trying to blame other people for their spouses indiscretions. To me, that is being a vengeful person. Just an opinion.