Alienation of Affection in Hawaii

[Andy1946]

What is the name of your state (only U.S. law)? Hawaii

What is the Statute of Limitation for filing a law suit for Alienation of Affection in Hawaii?

Thank you

 

[Ohiogal]

Google is your friend. My understanding is a approximately three years HOWEVER did you get back with your spouse?

 

[Andy1946]

Google is your friend. My understanding is a approximately three years HOWEVER did you get back with your spouse?

Hi Ohiogal,

I know... I agree, but I've looked and looked and haven't been able to find a definitive answer. We've been married 10 years, permanently separated in August 2012, just filed for an uncontested divorce on August 11, 2014. Since separation he's bought her a $7,000 car, spent many thousands of dollars on dental work, and bought her a house! He wanted to put her name on the deed with him, but the escrow agent warned him against it. He's her employer. He started going for her just a few weeks after she started working there about 3 years ago. Not nice at all.

Does this info help? Where does this leave me if I decide this is something that I should pursue?

Thank you!

Andy

 

[Ohiogal]

Hi Ohiogal,

I know... I agree, but I've looked and looked and haven't been able to find a definitive answer. We've been married 10 years, permanently separated in August 2012, just filed for an uncontested divorce on August 11, 2014. Since separation he's bought her a $7,000 car, spent many thousands of dollars on dental work, and bought her a house! He wanted to put her name on the deed with him, but the escrow agent warned him against it. He's her employer. He started going for her just a few weeks after she started working there about 3 years ago. Not nice at all.

Does this info help? Where does this leave me if I decide this is something that I should pursue?

Thank you!

Andy

You need to consult with an attorney. Your lawsuit would be against her.

 

[Andy1946]

You need to consult with an attorney. Your lawsuit would be against her.

Your reply doesn't seem right at all. He's the one who did the alienation of our affection.

Any other opinions from others with experience with this in Hawaii?

Thank you

 

[Proserpina]

Your reply doesn't seem right at all. He's the one who did the alienation of our affection.

Any other opinions from others with experience with this in Hawaii?

Thank you

OG is perfectly correct. AoA cases are against the third party, not the guilty spouse. That's the whole point.

 

[Silverplum]

Your reply doesn't seem right at all. He's the one who did the alienation of our affection.

Any other opinions from others with experience with this in Hawaii?

Thank you

Even the most basic of AoA discussions (and, of course, the Law) support the attorney Ohiogal's answer: http://everydaylife.globalpost.com/alienation-affection-employer-liability-12642.html

 

[Proserpina]

Wait...

https://forum.freeadvice.com/divorce-separation-annulment-36/divorce-hawaii-married-philippines-598590.html

Is this not a case where the OP is the estranged husband wishing to sue his almost-exwife's lover?

(The employer being the one who...cuckolded?)

 

[I'mTheFather]

Yes, it is, hence his confusion.

 

[I'mTheFather]

Even the most basic of AoA discussions (and, of course, the Law) support the attorney Ohiogal's answer: http://everydaylife.globalpost.com/alienation-affection-employer-liability-12642.html

The employer is not a third party in this situation.

ETA: He is a third party in the love triangle, but he's not an unrelated third party.

 

[Andy1946]

The employer is not a third party in this situation.

ETA: He is a third party in the love triangle, but he's not an unrelated third party.

I think there's a basic misunderstanding here. I'm the husband. My wife went to work for a company a few years ago. The owner of the company started "being extra nice" to her within a few weeks. He took her on "business trips", bought her stuff, spent a lot of money on her, and spent a lot of time with her that she lied to me about, etc.

I'm saying that as the husband, I'm considering filing an Alienation of Affection law suit against him... my wife's boss... that led to her leaving me for him 2 years ago. Divorce papers were just filed last week because we couldn't afford to do it sooner, so I let her pay for filing the papers for an uncontested divorce.

Am I correct that her employer is the one that's guilty of alienation of affection re: our marriage?

Wikipedia says: "At common law, alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections."

 

[I'mTheFather]

I think there's a basic misunderstanding here. I'm the husband. My wife went to work for a company a few years ago. The owner of the company started "being extra nice" to her within a few weeks. He took her on "business trips", bought her stuff, spent a lot of money on her, and spent a lot of time with her that she lied to me about, etc.

I'm saying that as the husband, I'm considering filing an Alienation of Affection law suit against him... my wife's boss... that led to her leaving me for him 2 years ago. Divorce papers were just filed last week because we couldn't afford to do it sooner, so I let her pay for filing the papers for an uncontested divorce.

Am I correct that her employer is the one that's guilty of alienation of affection re: our marriage?

Yes, you are correct. I suspect Ohiogal skimmed your post or mistyped.


ETA: Or as Geekess pointed out, Ohiogal couldn't tell who was who from the post.

 

[TheGeekess]

Wait...



Is this not a case where the OP is the estranged husband wishing to sue his almost-exwife's lover?

(The employer being the one who...cuckolded?)

I blame overuse of pronouns with no antecedent nouns.

 

[I'mTheFather]

I blame overuse of pronouns with no antecedent nouns.

You're right. After reading it again, it could be interpreted either way.

 

[Proserpina]

Good golly no you guys - it was really ambiguous! The only reason I realized the dots weren't connecting properly was because I did a post hx check.

Don't be so hard on yourselves!

Now, OP. This is one, as was previously noted, where you need at least an initial consultation with an attorney.