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  • Aug 22, 2010, 06:38 PM
    donalj
    Suing husband's mistress
    My sisters husband had an affair ,and a baby was born August 13th.The woman's own marriage was broken up by another woman.She berated a young girl who had a little fling with a married man.The woman knew the financial,emotional and mental strain that an affair and resulting divorce causes,and berated the other young girl,but willfully and knowlingly had her own affair with a married man.Can she be sued for financial losses to my sister if her husband leaves her?Thanks Sincerely Don
  • Aug 23, 2010, 02:49 AM
    Bluerose

    I’ve never heard of it being done but it would be interesting finding out. Good luck.
  • Aug 23, 2010, 04:53 AM
    ScottGem

    This is a legal question so has been moved to the appropriate forum. Please make sure to choose an appropriate forum for your questions in the future.

    Anyone can sue anyone over anything. The question is whether such a suit could be won. The answer to that is generally no. I don't believe there is any precedence for it.
  • Aug 23, 2010, 06:10 AM
    JudyKayTee

    It's called alienation of affection and your sister can sue if she lives in one of the following States: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, Utah.

    There was a recent lawsuit in NY, the married person won, the decision was appealed as going against the law.
  • Aug 23, 2010, 08:37 AM
    GV70
    Quote:

    Originally Posted by JudyKayTee View Post
    It's called alienation of affection and your sister can sue if she lives in one of the following States: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, Utah.

    There was a recent lawsuit in NY, the married person won, the decision was appealed as going against the law.

    An interesting story from Rapid City Journal,
    "In 2002, a federal jury in Sioux Falls awarded a man $950,000 in damages from an orthopedic surgeon from Las Vegas, who had an affair with the man's wife, ultimately leading to their divorce.

    According to court documents, the lovers grew up together in rural South Dakota, dated briefly in 1978, and married other people. Then, by chance, they met again 20 years later, at the Sioux Falls hospital the woman worked at.

    They rekindled their romance, admitting to each other the mistake they made in parting ways 20 years earlier, exchanging phone calls and gifts and going on trips to San Francisco and Europe. The affair ended a year later, according to court documents, with the surgeon urging the woman to go back to her husband.

    On appeal in 2003, a judge decreased the damages to $400,000, but news of the case triggered at least one effort to get alienation of affection struck from the books."
  • Aug 23, 2010, 08:40 AM
    GV70
    Quote:

    Originally Posted by donalj View Post
    Can she be sued for financial losses to my sister if her husband leaves her?

    If her intention is to sue him for financial loses then she will lose the case.

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