QUESTION
Has anyone challenged courts for emotional abuse from spouse/other party for affair?
Asked on Nov 04th, 2012 on Personal Injury - New York
More details to this question:
I have read some state laws, torts, and lawyer comments about spousal affair and it seems there's little criminal or civil recourse for the injured party. It appears many if not most states do not even consider it in divorce anymore. After experiencing this myself, going through the recovery process and reading thousands of personal testimonies like mine, it is evident that the emotional impact and resulting mental health injuries are devastating to the injured parties. I am wondering if anyone has ever challenged the courts that a spouse and/or the other person should be held accountable to the law under the emotional abuse laws/torts? If the result of their action, which were at the time a conscious choice and they knew it would be devastating to the other spouse and cause extreme emotional distress and/or mental health issues, why would this not fit the definition of emotional abuse? Though I have been through the situation, this is not personal or retaliation but I do think it may be time for victims such as myself and thousands of others to have a voice. So I am asking if anyone has challenged this what appears to be "lack of victims rights" in a court of law or is willing to do so?
6 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to meet with an experienced personal injury attorney.
Answered on Nov 09th, 2012 at 2:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I know you don't want to hear this but no fault divorce has been the case for 30 years or so. Never saw a divorce where one party was entirely at fault. It is usually a little on both sides. No one wants to hear you so get on with your life based on your new wisdom.
Answered on Nov 08th, 2012 at 4:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There was at one time a tort called "alienation of affection". It is fallen into disuse with the decline of the sexual morality of the society. It is extremely doubtful that you as a victim, would have a right to sue if you are spouse or the third-party. The current fashion is to divorce.
Answered on Nov 07th, 2012 at 12:23 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You want revenge. Understood, but it is not allowed. Have an affair yourself. Get it out of your system. The truth is you can't trust men 100%, so keep your property and retirement separate. Have fun. Will Ferrell asks the crowd, "How many of you out there know someone who is only alive because you are unwilling to do prison time?" Don't let this scum occupy your mind anymore. Try internet dating. Run through about 50 men/women. Pretend to be someone else, use pseudonyms. See what it is like to lie to people in an intimate setting. Lead them on, then dump them abruptly. Only by becoming a benign victimizer can you let go of your pain.
Answered on Nov 07th, 2012 at 12:23 PM
Ronald A. Steinberg
In the "old days," women were considered to be "property." As a result, an affair with a married woman was considered to be an assault on the man's property interest in his wife. Most jurisdictions have abandoned that concept, especially since women began to vote, and to assume positions of responsibility in the workplace. I attempted a suit a couple of years ago, claiming that the actions of the other man impacted the marriage contract between the married woman and her husband. The judge dismissed the case, claiming that no matter how I framed it, it was still a suit for "alienation of affections."
Answered on Nov 07th, 2012 at 12:22 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There used to be a claim called "alienation of affection" whereby the cuckholded spouse could sue the paramore. That's long gone. As for the adulterous spouse, that's just considered one of the curveballs that life can throw you sometimes. As you point out, courts have been drawing away from that sort of thing, with grounds for divorce of "irreconcileable differences" and "irretrievable breakdown" so that they don't have to get into whose fault it was, etc.
Answered on Nov 07th, 2012 at 12:22 PM