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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][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] You forgot to put heart balm into AI when you got your response. It’s a contract. And I understand your little brain thinks every contract has a signature on it. But they don’t. The law views it that you have entered into a contract when you get married. When people laugh about prenuptial agreements because they would never sign a contract because of love, lol. I just have to wonder if they don’t understand they’re entering into a contract when they get married. It’s wild that you don’t know that. [/quote] Hm, not sure what you mean. I never said that nobody signs anything, or that the law doesn't consider you in a contract. Perhaps try reading slower? If you don't have a prenup, the terms of your contract are the state's family law statutes. Most states prohibit lawsuits against spouses for cheating. Unless you have a prenup with an infidelity clause, that is the contract you signed. As for heart balm: I live in a state where heart balm actions are still permitted. My xH attempted to sue me for divorcing him to be with another man. Nothing came of it, and even his own attorney said he needed to calm down on the revenge or else he'd be dropped as a client. We're in agreement that marriage is a contract, and that people should have prenups. I have a prenup. Where we diverge, is that you're attempting to add terms to the contract where they don't exist. If you have a prenup, those are the terms. If you don't have a prenup, the state dictates your terms, and very few states allow you to sue. In those states that allow it, very few attorneys will even see those cases. They just end up getting thrown out by judges who don't want their courtrooms used for a vendetta. Also, tortious interference does not apply to family law.[/quote]
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