Very Unique Case (Annulement/Fraud/Alienation)

[afschmitt]

What is the name of your state?I am in Michigan

Here is the situation. In 2004 I married a girl that I dated for 7 years. Six weeks later I found out that she was having an affair with her boss that started before we were married. The court has granted me an anullment based on the fact that she had committed fraud by withholding the fact that she was having an affair.

I am going to sue her boss.

Now I know that alienation of affection has been abolished in Michigan.

I am going sue him for tortious interference with a contract. Here is my thinking.

1. In Michigan marriage is a contract.
2. The court already agreed that she committed fraud.
3. He asissted her in this fraud (attended the wedding, came to the church, shook my hand).
4. Alienation of Affection applied only for couples who were legally married. Therefore the abololition of Aleination of Affection does not apply because the court has already ruled that we were never married.

The whole thing, wedding, legal fees, gifts, etc. Cost me $40,000. I am looking get some of that back.


Any ideas, thoughts or opinions?

 

[rmet4nzkx]

In general, you are allowed to have a settlement with your annulment, did you do that? Did you use an attorney? Did you ask for this during your annulment or for legal fees?
Restoration of real and personal estate to parties:
Upon the annulment of a marriage, a divorce from the bonds of matrimony or a judgment of separate maintenance, the court may make a further judgment for restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage, or for awarding to either party the value thereof, to be paid by either party in money. Sec. 552.19.

Do you have an attorney for this action? While he may have been having an affiar, that doesn't mean that he was conspiring to commit fraud with her. So while you may have a cause of action against her for fraud, he may or not be the deep pocket you are looking for. You dated this woman for 7 years and didn't know her well enough to figure out she was having an affail?

 

[afschmitt]

I had a settlement with her and got everything I wanted out of her (house, cars, furniture, etc.). I did have an attorney throughout the process. She did a great job, however I'm not sure she will be available for my case against him.

Dated for 7 years, she moved back home with her parents to save money for the wedding. About two months before we go married she started the affair. I noticed her acting funny but I got the usual "it's just wedding jitters" from everyone including her best friends, sister and mother.

What do you think my chances are?

 

[seniorjudge]

What is the name of your state?I am in Michigan

Here is the situation. In 2004 I married a girl that I dated for 7 years. Six weeks later I found out that she was having an affair with her boss that started before we were married. The court has granted me an anullment based on the fact that she had committed fraud by withholding the fact that she was having an affair.

I am going to sue her boss.

Now I know that alienation of affection has been abolished in Michigan.

I am going sue him for tortious interference with a contract. Here is my thinking.

1. In Michigan marriage is a contract.
2. The court already agreed that she committed fraud.
3. He asissted her in this fraud (attended the wedding, came to the church, shook my hand).
4. Alienation of Affection applied only for couples who were legally married. Therefore the abololition of Aleination of Affection does not apply because the court has already ruled that we were never married.

The whole thing, wedding, legal fees, gifts, etc. Cost me $40,000. I am looking get some of that back.


Any ideas, thoughts or opinions?

http://www.cvalaw.com/articles/divorce/annulment.html

If you state that there was no marriage contract, with what was bad guy tortiously interfering?

 

[afschmitt]

There was a marriage contract. However she induced it out of fraud and when it did exist he tortiously interferred.

If tortious interference isn't the best cause of action what would be?

 

[seniorjudge]

There was a marriage contract. However she induced it out of fraud and when it did exist he tortiously interferred.

If tortious interference isn't the best cause of action what would be?

If there was a marriage contract, then how did you get a judgment of annulment?

Anyway, if you wanted to file some kind of lawsuit based on the existence of a marriage contract, you shot yourself in the foot when you got a judgment of annulment which says that there was no marriage contract.

 

[rmet4nzkx]

If there was a marriage contract, then how did you get a judgment of annulment?

Anyway, if you wanted to file some kind of lawsuit based on the existence of a marriage contract, you shot yourself in the foot when you got a judgment of annulment which says that there was no marriage contract.

And he already got his settlement from her.

 

[afschmitt]

Since it seems like tortious interference will not work. Does anybody have any ideas that might? Adultery is still a crime in Michigan. Anything I can do with that? How about emotional disress?

There has to be something!