HarmonyHope Posted December 9, 2009 Posted December 9, 2009 I noticed that some posters recently referenced these kinds of lawsuits, and it's making the news of course thanks to Tiger Woods. Just in case anyone is interested, here's more information: http://www.cnn.com/2009/LIVING/12/08/cheating.spouses.lawsuits/index.html
OWoman Posted December 9, 2009 Posted December 9, 2009 I noticed that some posters recently referenced these kinds of lawsuits, and it's making the news of course thanks to Tiger Woods. Just in case anyone is interested, here's more information: http://www.cnn.com/2009/LIVING/12/08/cheating.spouses.lawsuits/index.html Interesting that it makes the link to "spouse as property" so explicit. I would hate to think of my spouse as a chattel, something I owned. I would far prefer him to be his own person.
LucreziaBorgia Posted December 9, 2009 Posted December 9, 2009 I'm not sure if alienation of affection will fly but there will be no problem proving criminal conversation (sex outside the marriage). Even in my state, where people can sue for AOA/CC - even the lawyers agree that AOA is hard to prove. Once it is proven that the spouse has sex outside the marriage though, it is game over. You can't really prove that an affair destroyed the marriage (Tiger could argue that the marriage was sexually dead/emotionally dead before the affairs), but you could easily prove he was having sex outside the marriage. In my state, Elin would be able to sue all ten OW for criminal conversation, and would win hands down. I'm not sure how much good it would do really. She will never want for another dollar after this anyway.
Fallen Angel Posted December 9, 2009 Posted December 9, 2009 I'm not sure if alienation of affection will fly but there will be no problem proving criminal conversation (sex outside the marriage). Even in my state, where people can sue for AOA/CC - even the lawyers agree that AOA is hard to prove. Once it is proven that the spouse has sex outside the marriage though, it is game over. You can't really prove that an affair destroyed the marriage (Tiger could argue that the marriage was sexually dead/emotionally dead before the affairs), but you could easily prove he was having sex outside the marriage. In my state, Elin would be able to sue all ten OW for criminal conversation, and would win hands down. I'm not sure how much good it would do really. She will never want for another dollar after this anyway. Thing is, those women have opened themselves up to lawsuits for CC simply by admitting they had sex with Tiger. If they had kept their mouths shut, then no one would be able to 'prove' a thing, unless they had pictures of the OW and Tiger in the act. As long as the O and the WS both deny it, it would be a hard thing to actually prove. I am guessing they are betting they will earn more from selling their stories to tabloids and book/movie/talk show circut deals, than the BW will be awarded. Not a safe bet in my book, depending on the state in which the lawsuit is filed.
Spark1111 Posted December 9, 2009 Posted December 9, 2009 Even in No fault divorce states, where adultery and criminal conversation are not really recognized any more, there have been successful suits by BSs to recover marital assets expended on the affair, including judgements levelled against the AP. Weird, no? Infidelity matters less than jointly-owned assets. Now that's something a divorce attorney can sink their teeth into.
GorillaTheater Posted December 9, 2009 Posted December 9, 2009 No A of A suits where I'm at, but it sounds reasonable to me. Basically a "tortious interference with contract" action.
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