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07-31-2008, 08:39 AM
| | Junior Member | | Join Date: Jul 2008
Posts: 6
| | | Can I sue my husband's mistress What is the name of your state (only U.S. law)? Massachusetts
My husband's mistress, a flight attendant in Miami, called to tell me of their affair in Dec.2007. She also sent pics via cell phone and email to prove that it was true.
I am now getting a divorce and was wondering if there is any action I can take against his mistress, with whom he is still involved. Please let me know ASAP.
Thank-You in advance | 
07-31-2008, 10:11 AM
| | Senior Member | | Join Date: Oct 2005 Location: Tennessee
Posts: 3,690
| | Quote:
Originally Posted by tetecher What is the name of your state (only U.S. law)? Massachusetts
My husband's mistress, a flight attendant in Miami, called to tell me of their affair in Dec.2007. She also sent pics via cell phone and email to prove that it was true.
I am now getting a divorce and was wondering if there is any action I can take against his mistress, with whom he is still involved. Please let me know ASAP.
Thank-You in advance | It has happened before. Most recent case I remember was a man who sued his wifes boyfriend for alienation of affection after wife left him and moved in with the guy. The husband won over a million bucks. Of course the new boyfriend was a millionaire
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07-31-2008, 10:18 AM
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Posts: 21,729
| | Quote:
Originally Posted by tetecher What is the name of your state (only U.S. law)? Massachusetts
My husband's mistress, a flight attendant in Miami, called to tell me of their affair in Dec.2007. She also sent pics via cell phone and email to prove that it was true.
I am now getting a divorce and was wondering if there is any action I can take against his mistress, with whom he is still involved. Please let me know ASAP.
Thank-You in advance | Neither massachusetts nor Florida allow alienation of affection. You cannot sue her for that contrary what A said.
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. | 
07-31-2008, 10:28 AM
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Originally Posted by Ohiogal Neither massachusetts nor Florida allow alienation of affection. You cannot sue her for that contrary what A said. | How about a civil suit? | 
07-31-2008, 10:39 AM
| | Senior Member | | Join Date: Aug 2007 Location: Florida
Posts: 4,873
| | Quote:
Originally Posted by tetecher How about a civil suit? | On what basis? Massachusetts doesn't allow you to sue for alienation of affection.
__________________ If you don't like something, change it. If you can't change it, change your attitude. Don't complain. Maya Angelou | 
07-31-2008, 10:42 AM
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| | | Thanks to all for your answers...I just didn't think it was right that she gets off scott free with my husband of 33 + years, as her prize.... | 
07-31-2008, 10:44 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,090
| | | Why are you trying to sue her? She didn't have a committment to you, your HUSBAND did. Had he kept his vows, there would be no affair to speak of. She didn't destroy your marriage, he did.
__________________ CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. | 
07-31-2008, 10:46 AM
| | Senior Member | | Join Date: Aug 2007 Location: Florida
Posts: 4,873
| | | Well, you can't sue for STEALING your husband because your husband is not property ~ slavery was outlawed.
COVETING your husband is also not on the books as one that you could sue for.
ADULTERY is not a good thing, but no longer one that requires the person to wear an embroidered A on their clothing.
I might suggest that you seek counseling over this.
__________________ If you don't like something, change it. If you can't change it, change your attitude. Don't complain. Maya Angelou | 
07-31-2008, 11:00 AM
| | Member | | Join Date: Nov 2007
Posts: 115
| | | What effect does adultery have on a divorce settlement typically? Is there some typical award above the normal splitting of assets that she can ask for due 'anguish' over lies/pictures sent to make her distraught? | 
07-31-2008, 11:41 AM
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Posts: 2,139
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Originally Posted by tetecher Thanks to all for your answers...I just didn't think it was right that she gets off scott free with my husband of 33 + years, as her prize.... | why, she didnt break any vows to you, she had no obligation to you. your husband broke his vows, take it out on him during the divorce. | 
07-31-2008, 11:57 AM
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Posts: 13,106
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Originally Posted by Idori What effect does adultery have on a divorce settlement typically? Is there some typical award above the normal splitting of assets that she can ask for due 'anguish' over lies/pictures sent to make her distraught? | That would be a MA-specific thing, and I'm not up for the googling. 
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07-31-2008, 01:51 PM
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Posts: 6
| | To Idori, thank-you, I can see you understand where I am coming from.
To the others, I am in counseling and it does help, I no longer want to kill him. I know he's not my property and I know she didn't break her vows to me. I do know that they both broke vows to God and I am confident that they will both get their just rewards.
Thank-You all again | 
07-31-2008, 03:12 PM
| | Member | | Join Date: Jan 2008
Posts: 728
| | | I did a little googling, though not enough to find the statute, and it appears that conduct during marriage may be a consideration during the division of property.
[url]http://www.divorcesupport.com/divorce/Massachusetts-Property-Division-Factors-576.html[/url]
I also found that adultery is a prosecutable (is that correct??) offense in MA, although not likley to be pursued.
[url]http://query.nytimes.com/gst/fullpage.html?res=9F05E7DB1038F93BA25756C0A961958260[/url]
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07-31-2008, 03:20 PM
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Originally Posted by perroloco2 I also found that adultery is a prosecutable (is that correct??) offense in MA, although not likley to be pursued. |
How do you know where the adultery took place? From the OP it seems to have happened in Miami - although I suppose it could have happened at several different places (and altitudes!)
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* The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
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07-31-2008, 04:57 PM
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| | Yes it happened in Miami and other places as well as other countries and YES probably at different altiitudes. I am looking into the adultery as a felony in MA. | |
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