Can I Sue the Other Woman?

I know I have been here before, but I seem to recall in the news some time ago that a woman sued her husband's fling for something when they divorced. I live in MO and was wondering if there were anything I can do legally against the woman who had a fling with my husband, to maybe discourage her from coming around anymore. Just a question. I think the lady who sued was named Hutlemeyer or something like that, and I think she was successful in getting a judgement against the other woman. Do I have this option in MO?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KTGIRL:
[b]I know I have been here before, but I seem to recall in the news some time ago that a woman sued her husband's fling for something when they divorced. I live in MO and was wondering if there were anything I can do legally against the woman who had a fling with my husband, to maybe discourage her from coming around anymore. Just a question. I think the lady who sued was named Hutlemeyer or something like that, and I think she was successful in getting a judgement against the other woman. Do I have this option in MO?[/b]<HR></BLOCKQUOTE>


My response:

You are thinking about a lawsuit for "Alienation of Affection." You have a good memory, and for names, because that is the exact name of the Plaintiff woman who sued her husband's paramour. The lawsuit took place in South Carolina, one of the few States that recognizes this Cause of Action. MO does not.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
[b] You are thinking about a lawsuit for "Alienation of Affection." You have a good memory, and for names, because that is the exact name of the Plaintiff woman who sued her husband's paramour. The lawsuit took place in South Carolina, one of the few States that recognizes this Cause of Action. MO does not.
[/b]<HR></BLOCKQUOTE>

I believe the case you are thinking about was Dorothy Hutelmyer and took place in Burlington, NC, not SC. There was a film made about the case. Since then, there has been quite a few cases heard in NC and the awards for damages are going up.. and up.. More importantly, the appeals court in NC upheld the award.

Most states did have an Alienation of Affection law, but it is not always used for the purpose of suing your ex's lover. When I looked this up when the poster last posted, I found many examples of cases dating back to the 18th century. Also that a women was successful in Salt Lake City using that same law which dated back to the 18th century.

The original Alienation of Affection law dates back to English common law when women were considered the mans property. A married woman's lover could be sued for monetary damages because he was interfering with the husband's so-called "property rights" in his wife. A bit like if some stole your cattle

Only about a dozen states permit such lawsuits, and only a handful of plaintiffs in a few states, Missouri, Mississippi, North Carolina and South Carolina, have won awards, but none as large as the original $1 million.

This type of case is extremely hard to win. Easier in NC, but very difficult elsewhere. You have to prove, that at the time of the ‘offence’ that you were truly and deeply in love with your spouse.


[This message has been edited by usdeeper (edited August 07, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]The original Alienation of Affection law dates back to English common law when women were considered the mans property. A married woman's lover could be sued for monetary damages because he was interfering with the husband's so-called "property rights" in his wife. A bit like if some stole your cattle
[/b]<HR></BLOCKQUOTE>

Just goes to show that not all progres is good I would love to trade my wife for some cattle.

Thanks IAAL and Usdeeper,
I knew I was probably out in the cold on this one, but thought it worth a shot to find out. I remember the name so well because I remember thinking that I'd probably do the same thing if my H ever cheated. Funny how things turned out. I don't care about money, I wouldn't care if I won and didn't get a dime. I'd just like to see how she'd feel knowing everyone in the world knew what kind of person she was.

I have never sean 1 of IAAL posts corrected before. Has he gone into hiding ?!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ASinner:
[b]I have never sean 1 of IAAL posts corrected before. Has he gone into hiding ?! [/b]<HR></BLOCKQUOTE>

My response:

Gone into hiding? I'm just doing my administrative thing . . . lots of work to do. Besides, North Carolina, or South Carolina, what's the dif? As long as I got a "Carolina" in there, the point was made. Both States are wonderful and beautiful, full of history and majesty. The people are terrific, and very "earthy". But, watch out for Ms. Hultymeyer . . . she's gonna get ya!

IAAL

P.S. UsDeeper has my express permission to make corrections to my posts any time. He's terrific !!

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

I was just hoping to educate y'all on some English history.. Divorce was so much easier in them days