Bells Posted January 27, 2009 Posted January 27, 2009 Someone informed me of this, and this was news to me. I think it depends on the state your in. But if the divorce isn't "quite yet over" a spouse could use YOU as AMMO and sling your name through the mud in a case Because it's considered cheating in a court of law...and someone can lose their kids to the or whatever stuff they COULD have gotten when split in half. Anyone can attest to this?
Star Gazer Posted January 27, 2009 Posted January 27, 2009 Depends on the state. California is a "no fault" state. So whether someone is cheating or not has no bearing on the outcome of a divorce settlement, unless there's a prenup that outlines what happens if/when one spouse cheats. However, if children are involved, even in a "no fault" state, you'll likely be involved during the course of determining which living situation is in the "best interests of the child" (California's standard).
2sure Posted January 27, 2009 Posted January 27, 2009 Most states are no fault these days and if not, infidelity is no longer legal grounds for divorce. I have however heard the term "alienation of affections" thrown around legally which would mean that a third party (OW/OM) could be considered to have contributed to the demise of the marriage through tenacious interference. I think these cases were in civil courts, after a divorce, seeking damages. I dont know the outcome.
Shygirl15 Posted January 27, 2009 Posted January 27, 2009 I know it's a law in Virginia, so since my BF's divorce is not final (heck, it's not even initiated), he's cheating.
hanginthere Posted January 27, 2009 Posted January 27, 2009 NC it is considered "Alienation of Affection" and I have two friends going through it now. But it also depends on when you started seeing the person, were they still living with their spouse..cause if they were the other spouse can sue you.
reservoirdog1 Posted January 27, 2009 Posted January 27, 2009 I'm in BC, Canada, and we're technically still a "fault" jurisdiction. However, in reality, courts don't even really care much about infidelity, let alone dating while separated. So, up here anyway, if somebody has sex with somebody else while separated but not yet divorced, TECHNICALLY it's infidelity. As a practical matter, however, it's irrelevant, and the court won't care. Unless you can show the judge that there's something about the dating situation that has some genuine, important bearing on the best interests of the children, it's a non-issue.
LucreziaBorgia Posted January 28, 2009 Posted January 28, 2009 (I copied my post from an older, but similar thread) In NC, you can be demolished for affairs - or even participating in one if you are an OM or OW. Here, we have 'criminal conversation' in which the OM or OW can be sued for monetary damages. Here is what won't work as a defense: the defendant did not know the other person was married that the person consented to the sex that the plaintiff was separated from his or her spouse that the other person actually seduced the defendant that the marriage was an unhappy one that the defendant’s sex with the spouse did not otherwise impact on the plaintiff’s marriage that plaintiff had mistreated the spouse that the plaintiff had also been unfaithful There is also 'alienation of affection' in which sex doesn't even have to be involved. If an OM or OW causes any loss of love in the marriage, the BS can sue them. So, if someone is having an EA and the BS suffers from the effects in any way, shape or form - then the OM or OW will pay out of pocket for it. Prior marital problems do not count as a defense. Basically, if you have an affair - either physical or emotional - with a married person in my state the BS can sue the OW or OM. There is a three year statue of limitations in which if the BS finds out about an affair after the fact, they can still sue the OW or OM. Being separated (unless both parties have signed a voluntary separation agreement with a dating clause) does not count. The alienation of affection and criminal conversation still applies until the divorce is finalized.
underpants Posted January 28, 2009 Posted January 28, 2009 Here, and in other states, you can be mentioned in the divorce case. Even without your knowledge or consent. The OW is often cited in full name on public record as the adultery partner in a divorce proceeding. There on record for others to look you up by name. Even from the internet.
GirlNextDoor11 Posted January 28, 2009 Posted January 28, 2009 Today, alienation of affection is cause for legal action in only eight states: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota and Utah. Quick Facts on Alienation of Affections & Criminal Conversation Alienation of Affections is a civil action by a husband or wife against a third party for that party’s conduct which deprived the husband or wife filing the action of the love and affection that previously existed between husband/wife and his/her spouse. The party bringing the suit does not have to show evidence of adultery. The Buck Stops Here: Alienation of Affection The Supreme Court of Missouri just issued a decision abolishing the tort known as "alienation" of affection, which formerly allowed a wife to sue the woman who committed adultery with her husband. (Men could sue as well, of course;)
underpants Posted January 28, 2009 Posted January 28, 2009 What do you know. We are not even one of those "alienation of affection" states. Yet the OW/OM still gets cited in public documents. Even without her/his acknowledgment or permission. A legal scarlet letter, if you will. I guess you should research.
GirlNextDoor11 Posted January 28, 2009 Posted January 28, 2009 What do you know. We are not even one of those "alienation of affection" states. Yet the OW/OM still gets cited in public documents. Even without her/his acknowledgment or permission. A legal scarlet letter, if you will. I guess you should research. I didn't say anything about the OW/OM not getting mentioned, I didn't disagree with you! Several people keep mentioning the alienation of affection idea so I thought I would put up what states it would actually be effective in. If your not in that state then good for you. But others Might be! Theres alot of people on here and we aren't all from where you are!
underpants Posted January 28, 2009 Posted January 28, 2009 I didn't say anything about the OW/OM not getting mentioned, I didn't disagree with you! Several people keep mentioning the alienation of affection idea so I thought I would put up what states it would actually be effective in. If your not in that state then good for you. But others Might be! Theres alot of people on here and we aren't all from where you are! ...and I didn't quote your facts before. Super great. Good luck cheating where ever you are.
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