Reply to When to tell kids the truth about their father’s adultery as reason for divorce

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I do think there should be laws that equate proven continuous adultery as moral abuse. Cheaters do this to take advantage of their spouse, often a financial advantage or to sting along spouse for convenient sex, home and child care. This often comes at expense of spouse loosing career etc.

For example, if there was a law that allowed the wife to sue a mistress who willingly came along announced to wife, and stayed in a hotel across your family gateway hotel for moral damage that it cause your children, then fewer ladies would be willing to do such outrageous things. [/quote]

In some states (I think only 7 states currently allow for this) you can sue the mistress/OM/OW in an 'alienation of affection' lawsuit.  As early as the summer of 2018, a man sued another man for a similar issue and was ordered to pay $8.8 million.  In 2011, a woman was forced to pay another woman, who was married, $30 million dollars for reportedly breaking up the marriage.

A law firm in North Carolina, McIlveen Family Law Firm, has an entire page dedicated to reminding potential, or current, clients about this option. Titled “Calling all homewreckers,” the page describes how a “homewrecker” doesn’t have to be a lover. In fact, it can be a meddling in-law or therapist, to name a couple of examples.

The alienation of affection lawsuit allows you to sue the 3rd party (Affair Partner) for loss of affection that your spouse provided you through marriage. Most states still allow for these types of lawsuits to be filed against 3rd party lovers. They can also be filed against anyone who interfered with your marriage including parents, therapists, in-laws and clergy members who may have encouraged your spouse to file a divorce.

It's all dependent on the state. Some states see as many as 200 alienation of affection lawsuits filed by wronged spouses each year. However, some states don’t allow you to file an alienation of affection lawsuit against a third party. You will be limited to only filing for separation or divorce.

If you can show that your spouse had an extra-marital affair, you can use this as grounds for divorce or separation. Evidence of adultery can have significant impact in some courts in certain states when it comes to division of property and awarding alimony.[/quote]

Unfortunately, my case was in DC where such lawsuits are not allowed. But I do think that marital contracts/marriages do need additional judicial protection of the martial pledges. It's both a moral and a financial contract. If a  50% shareholder exists a corporation without following a procedure, there will be repercussions. But a partner can exit marriage, cause serious financial and moral damage to spouse for the remainder of life. People invest years and years into marriages, and often out of someone's whim your life ends without serious repercussions to other party who's a fault. Marriage becomes such a risky contract with very high costs and  no exit penalties for breaking it! For many it would soon make no sense entering it. [/quote]

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