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Relationship Discussion (non-explicit)
Reply to "Alienation of affection"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Marriage is a contract. It’s a publicly available contract. If you break a contract or you aided somebody in breaking a contract, those somebodies should be sued for what breaking that contract cost the offended partyand pain and suffering just like every other contract.[/quote] You can't "aid someone in breaking a contract" that YOU didn't sign. That's not a thing. [/quote] When you sign your marriage license, yes you were signing a contract and it cracks me up that nobody knows that they’re signing a contract. And what’s crazy is people don’t know that the contract rules changed depending on the state you’re living in. Also, there are multiple states that believe you can aid someone in breaking a contract. Also educate yourself on Tortious interference. I’m not giving my opinion on what’s right and wrong. I’m just telling you what the laws.[/quote] You're confusing business contract law with family law. They are two different things and are treated differently, much like property law and intellectual property law. You can squat on physical property and gain rights, but you cannot "squat" on a logo (IP) and gain rights. Both are property, both are handled very differently legally. Courts treat them differently, which is why business contract attorneys do not do family law and vice versa. Also, very few people handle their marriage contracts the way they do business contracts. In business, there is negotiation of the terms, attorneys on both sides are involved, and you cannot make amendments afterwards without it being signed. Very few people do this with their marriage "contract", aka a prenup. Now, some people DO have infidelity clauses in pre-nups. But, if you do not have a legal document stating what happens in the event of infidelity that is signed by both parties, it is not something that you can randomly sue over. You're essentially adding an amendment after the fact. Even if it was verbally agreed upon, that is not the same as a signed contract stating what happens in the event of infidelity. When you don't have a prenup, you default to the state's laws for divorce, most of which have the objective of dissolving marriages with minimum damage. What you are doing is freshman-level logic: Marriage uses the word contract, tortious interference applies to contacts, therefore tortious interference applies to marriage. But that's not how the law works. The law is built on categories, policy goals, and public interest. Family law is intentionally separate from business torts because courts don't want to regulate sex/intimacy, have third parties dragged into divorces, and they want people to be able to leave relationships without lawsuits flying everywhere. Courts treat divorce as dissolving a marriage in the safest way possible for all parties involved, not a business deal to punish people over.[/quote]
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