Tuesday, June 10, 2008

Suing the slut on the side



Alienation of affection [eyl-yuh-ney-shuhn . of . uh-fek-shuhn] - Any intentional, malevolent intrusion into the relationship between a married couple.

Y’all ever heard of this? Apparently, there’s an actual law on the books in some states allowing a cheated-on wife to sue the woman her husband had an affair with for alienation of affection, and in some cases, the marriage doesn't even have to end up in divorce to file suit. Crazy, but true.



Saw this ep on Dr. Phil the other day where this woman was sued by the wife of the man she poached for half a million dollars when the two ended up divorcing. The mistress paid up when they settled out of court for an undisclosed amount.

Sounds like a little poetic justice, but the woman didn’t even know the man was still with his wife while they were getting down. And when he did fess up that he was in fact not separated but very married and living with his wife, the extra-marital relationship ended.

Still, years later when his marriage went caput, the jilted wife went hard after the old flame in court. Wow. Not only that, but the side chick could not use the fact that the married couple had problems before the affair as a defense. Doesn’t matter if they were at each other’s throats long before he met her, she got it in with him, so she’s responsible. And there’s NO law in place to punish the husband or otherwise hold him accountable for the role his dick played in the tryst.

Never been married, but I’ve been on both sides of the cheating fence and neither is a good situation. It is a horrible, heart-ripping, floor-falling-out-from-beneath-your-feet, self -deprecating feeling to find out somebody you thought was in love with you has been lying to you. And I definitely understand wanting restitution after being robbed of your relationship. But how do you prove in a court of law, or even to yourself in your own mind, that some slut on the side is single-handedly responsible for taking your man? And he gets what, nothing? A few angry sessions with a marriage counselor, if he’s even conceding to all that?

Personally, I think it’s a bunch of bullshyt, but a large portion of Dr. Phil’s audience applauded for the law. What ya’ll think? You wanna sue the slut your man’s stickin? Hit up the survey to the right.

From what I’ve read, this law only works one way. Sorry fellas, you can’t sue your tramp wife for bangin the mailman. Suck it up.

-- Mel

PS As of January 2008, the only states in the United States that allow alienation of affection lawsuits are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. Word.



Then there's always this option:


3 comments:

Trin-Trin said...

been on both sides of the fence too...and i would be angry at him first and foremost. the chick would be totally inconsequential unless she a) was a friend of mine or b) knew about me and didnt care (funny hearing my selfish ass say that)...but suing her? nah, not unless she was currently living with my ex-dude (which he would be)...be my way of wishing the happy couple good luck...lol

Empire Esq said...

Actually Melyssa it works both ways, you can google the following:

Theodore P. Funderman v. Gordon Mickelson, 304 N.W.2d 790 (Sup.Ct.Iowa 1981)

also check:

Veeder v. Kennedy, 589 N.W.2d 610, in which the Supreme Court of South Dakota upheld a $265,000 award to a husband against his wife's lover (including $200,000 in punitive damages).


~ Empire Esq.

Melyssa Ganache said...

Damn. 265k is an ugly chunk of change for some side action. Thx Empire!

And I'm with you, Trin. I think I'd just make my exit and be done.