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Alienation of Husbands Affection?

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W

Worlds

Guest
I recently found Love Letters to my Husband, our marriage is very frail now due to this, Adultary was committed. I would like to know if I can personally Sue the woman that was intentionally trying to break the marriage up.
I still have the letters that show her intent.
 


W

Worlds

Guest
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Worlds:
I recently found Love Letters to my Husband, our marriage is very frail now due to this, Adultary was committed. I would like to know if I can personally Sue the woman that was intentionally trying to break the marriage up.
I still have the letters that show her intent.
<HR></BLOCKQUOTE>
Tennessee
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Worlds:
I recently found Love Letters to my Husband, our marriage is very frail now due to this, Adultary was committed. I would like to know if I can personally Sue the woman that was intentionally trying to break the marriage up.
I still have the letters that show her intent.
<HR></BLOCKQUOTE>


My response:

You're on the wrong Bulletin Board. Please check the Family Law Bulletin Board for good suggestions. However, since you're here, for example, California is a "No Fault" divorce State. I don't know what Tennessee is in these regards; i.e., Fault State, or No Fault State. In California, the tort cause of action called "Alienation of Affection" would not work because we are a No Fault State - - if you want a divorce, it makes no difference "why" you want one. On the other hand, there may be a viable cause of action in Tennessee for the tort of "Interference with Contractual Marital Relations" that is, no matter what type of contract you may have, no one has the right to interfere with the contracting party's rights to the benefits of a contract. Check this out with an attorney in your area.

Here's a recent case out of North Carolina that, if anything, is posted here as a matter of interest:

GRAHAM, North Carolina (CNN) -- An alleged "other woman" accused of breaking up a marriage with an affair has been ordered to pay $1 million in damages to the aggrieved wife.
"We hope this will send a message to the community and help preserve families," said James Walker, Dorothy Hutelmyer's lawyer in her alienation-of-affection lawsuit against Margie B. Cox, now Margie Hutelmyer. A jury returned the verdict Tuesday.
Dorothy Hutelmyer, 40, contended that Cox had an affair with Joseph Hutelmyer, 43, and destroyed the love and affection between the Hutelmyers. Joseph Hutelmyer is president of a maritime insurance company; Margie Cox worked as his secretary.
The Associated Press contributed to this report.

RALEIGH -- Members of a House judiciary committee voted 6-4 Tuesday to repeal the law against alienation of affections.
The law allows a wronged spouse to sue the person who wrecks a marriage or lures a husband or wife away. Similar laws have been abolished in all but about a dozen states.
Critics call the law antiquated, saying it dates to a time when women were considered property and men sought damages when their wives were courted away.
Proponents say the number of cases is so small and the case law so clear that they see no compelling reason to strike the law. And some supporters say preserving the law sends a message about the sanctity of marriage. It’s the state’s way of “saying ‘Amen’ to the marriage vows,” said Bill Brooks, president of the N.C. Family Policy Council.
Lawyers testifying at House hearings have lent arguments to both sides. Spouses can divorce, but suing under this law is the only recourse against the other man or other woman, some lawyers say. “These torts have stood the test of time,” said Ed Parker, a Winston-Salem lawyer.
Raleigh lawyer Kimberly Bryan told lawmakers that people don’t consider the law before they get begin adulterous relationships.
Rep. Mickey Michaux, a Durham lawyer and veteran legislator who is leading the push to repeal the law, said angry spouses use alienation of affection as a tool for blackmail. Michaux is also seeking to repeal the tort provisions on adultery, but would leave in place the state law prohibiting adultery.
The state has laws governing custody, child support and the distribution of property, Michaux said. “When the marriage is gone, the marriage is gone. There’s no remedy for that,” Michaux said. “Nobody said marriage is not important.”
The little-used alienation law attracted national attention to North Carolina after juries handed down major awards in two cases in 1997. State officials estimate that 120 such cases are filed in the state each year. Few go to trial.
A jury awarded $1 to a Sanford man, Cesar Texidor, who accused a Tennessee doctor of stealing his wife. In a 1993 suit, Texidor accused Dr. Joseph B. Eatherly of alienation of affection and adultery. Texidor contended that Eatherly intentionally set out to destroy Texidor’s marriage.
In February 1996, a Lee County Superior Court jury ruled that Eatherly had damaged the marriage but concluded that Texidor was entitled to only $1 in compensatory damages. The judge ruled that Texidor was not entitled to any punitive damages.
“Let’s find another way to preserve those marriages,” said Rep. Bob Hensley, a Wake County Democrat who favors repealing the laws.

IAAL




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