Can you sue other party for adultry?

[Julianna1962]

Can you sue other party for adultery?

What is the name of your state? Alabama

I just found out that there's a very good chance my husband is cheating on me. If I file for divorce, first of all can I sue the other woman (she knew he as married)? If the answer to that is yes, what would the grounds be?

 

[fairisfair]

you are talking about alienation of affection.

Not in Alabama

http://www.worldlawdirect.com/article/1026/Alienation_of_affections_--_Law_suits.html

 

[AHA]

(she knew he as married)

Your husband certainly knew he was, so focus your energy towards kicking him to the curb instead of towards a woman who has never made a committment of fidelity to you.

 

[BelizeBreeze]

The CORRECT answer is yes, anyone can sue just about anyone else these days.

However, you would most likely waste a lot of money, be seen as a fool and still not win.

But hey, it's your sex life you'll parade in public.

 

[Julianna1962]

The CORRECT answer is yes, anyone can sue just about anyone else these days.

However, you would most likely waste a lot of money, be seen as a fool and still not win.

But hey, it's your sex life you'll parade in public.

Thanks for the other replies. I don't know much about the law and was just asking a simple question. I don't really understand why some people always have to answer in a way to try to make people feel bad. I feel bad enough already, thank you.

 

[BelizeBreeze]

Thanks for the other replies. I don't know much about the law and was just asking a simple question. I don't really understand why some people always have to answer in a way to try to make people feel bad. I feel bad enough already, thank you.

No one tried to make you feel bad. That is your decision.

What I posted were facts. Plain and simple. You can decide to sue the other woman, go to court, which is open to the public, and what I posted WILL happen.

and of course, you'll lose.

OR, you can divorce the jerk, take him to the cleaners, then drop him off at his girlfriend's home broke and busted and see how long it will last.

Shakespeare was right. Revenge is a very sweet rose.

 

[Julianna1962]

Ok, sorry if I took it the wrong way. I thought since Alabama was a community property state if we divorce he was entitled to half of everything. That's the hard part, I don't want to lose my house, it's the only house my daughter has ever lived in and it has too many memories to just sell it and move. And I can't afford a huge mortgage payment if I refinance. So he's the one doing the cheating but I'm the one that will lose in the end.

 

[Silverplum]

Ok, sorry if I took it the wrong way. I thought since Alabama was a community property state if we divorce he was entitled to half of everything. That's the hard part, I don't want to lose my house, it's the only house my daughter has ever lived in and it has too many memories to just sell it and move. And I can't afford a huge mortgage payment if I refinance. So he's the one doing the cheating but I'm the one that will lose in the end.

I'm sure he will be getting approximately half of the assets and half of the debts.

 

[LdiJ]

Ok, sorry if I took it the wrong way. I thought since Alabama was a community property state if we divorce he was entitled to half of everything. That's the hard part, I don't want to lose my house, it's the only house my daughter has ever lived in and it has too many memories to just sell it and move. And I can't afford a huge mortgage payment if I refinance. So he's the one doing the cheating but I'm the one that will lose in the end.

You will make new memories somewhere else, without all of the baggage that the old memories will bring on.

 

[BelizeBreeze]

O.K. Let's start with disproving some of the myths romping so freely.

Alabama is NOT a community property state. Alabama is a so-called “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. There is no fixed standard to divide property, each case will be decided on its facts, and the trial court’s discretion will not be disturbed on appeal without a showing of clear abuse.

The division of property must be graduated according to the particular facts and circumstances of each case.

What this means to you is that although Adultery is not a grounds for other issues during the divorce, it CAN be used as grounds for the court to award an inequitable share in the marital estate.

Moore v. Moore, 537 So. 2d 961 (Ala. Civ. App. 1988). “After evaluating the wife’s limited potential for maintaining her former standard of living, the size of her separate estate, the size of the husband’s estate, the length of this marriage, and the fault of the husband in bringing about the divorce [an affair with another woman], we believe that the property awarded to the wife is clearly inadequate.” Id. at 963-64.

I would STRONGLY suggest you discuss with your attorney spousal support and equitable distribution as regards the home.

In other words, if he wants to play, he'll have to pay

 

[weenor]

Ok, sorry if I took it the wrong way. I thought since Alabama was a community property state if we divorce he was entitled to half of everything. That's the hard part, I don't want to lose my house, it's the only house my daughter has ever lived in and it has too many memories to just sell it and move. And I can't afford a huge mortgage payment if I refinance. So he's the one doing the cheating but I'm the one that will lose in the end.

Alabama is a "equitable" distribution state. The means that if the trial judge has a good reason for whatever he gives anybody, it will likely stand up on appeal. Note that adultry is grounds for a divorce in Alabama and depending on the county you may receive more than half with a sympathetic judge. There are many other factors though like the disparity in your incomes, the length of your marriage, your ability to obtain work or a better paying position, etc. . .


Edit to add: Yeah what BB said. Didn't read his post first...not trying to be redundant just read OP's comment about community property and replied right away.

 

[BelizeBreeze]

Alabama is a "equitable" distribution state. The means that if the trial judge has a good reason for whatever he gives anybody, it will likely stand up on appeal. Note that adultry is grounds for a divorce in Alabama and depending on the county you may receive more than half with a sympathetic judge. There are many other factors though like the disparity in your incomes, the length of your marriage, your ability to obtain work or a better paying position, etc. . .


Edit to add: Yeah what BB said. Didn't read his post first...not trying to be redundant just read OP's comment about community property and replied right away.

Just one slight correction. In Alabama, the judge's discretion can reach as far as 50% of the offending partner's marital estate by statute.