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Hello. I live in the state of Ohio where I am married with 3
children. 2 of which live with us. I was in a fatal car wreck on
7-22-01 & received a settlement of 1 million dollars. I am in a wheel
chair temporarily until I have a total knee replacement.
I found out in January that he has been having an affair with our
daughters friends mother. I have warned her to stay away. That she
is tearing our family apart. I asm in no position to live alone or
else he would be out the door. He has claimed that he stopped seeing
her & I had him followed by a private detective 2 times. Rach time he
was with her. Today he came home with a hickey on the side of his
neck.
I have a few questions. 1- Can I sue her for alienation of
affection? If not is there anything I can go after her for?
2) Is he entitled to any of the settlement money since he was
already involved with her prior too me reaching a settlement?
When I first learned of the affair the following day he found me
downstairs not breathing and I had vomited & inhaled it into my lungs.
I wound up on a ventilator & the Dr.'s told him if he had found me 10
minutes later I would have been dead. there is more info regarding
this bad on his part but I think this much will suffice. What can I
do?
Sally G
crash72201@aol.com
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[[ This message was both posted and mailed: see
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In article <t6t070pb5se1ofrfeqoivoao6bs7rj0k8b@4ax.com>, Sally G
<crash72201@aol.com> wrote:
Hello. I live in the state of Ohio where I am married with 3
children. 2 of which live with us. I was in a fatal car wreck on
7-22-01 & received a settlement of 1 million dollars. I am in a wheel
chair temporarily until I have a total knee replacement.
I found out in January that he has been having an affair with our
daughters friends mother. I have warned her to stay away. That she
is tearing our family apart. I asm in no position to live alone or
else he would be out the door. He has claimed that he stopped seeing
her & I had him followed by a private detective 2 times. Rach time he
was with her. Today he came home with a hickey on the side of his
neck.
I have a few questions. 1- Can I sue her for alienation of
affection? If not is there anything I can go after her for?
Yes, you can sue anyone for anything. The trick is (1) getting an
attorney to take the case, (2) getting enough money to pay the
attorney (since they will not take a case like this on contingency),
(3) winning (which is unlikely), and (4) collecting (does this other
person have anything to take?).
2) Is he entitled to any of the settlement money since he was
already involved with her prior too me reaching a settlement?
If you were married at the time, then he is most likely entitled to
the money. It depends on your state law, but where I live, anything
that the wife owns is also owned by the husband. If you do get a
divorce, there will be a settlement, and anything is possible at
that stage of the game.
When I first learned of the affair the following day he found me
downstairs not breathing and I had vomited & inhaled it into my lungs.
I wound up on a ventilator & the Dr.'s told him if he had found me 10
minutes later I would have been dead. there is more info regarding
this bad on his part but I think this much will suffice.
This guy saved your life. How is that "his bad"? How is this
relevant to anything?
What can I do?
Choose a better husband the next time?
-john-
--
====================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
====================================================================
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[cc'd to previous poster; follow-ups in newsgroup suggested]
"Sally G" <crash72201@aol.com> wrote in misc.legal.moderated:
Hello. I live in the state of Ohio ... I was in a fatal car wreck on
7-22-01 & received a settlement of 1 million dollars. I am in a wheel
chair temporarily until I have a total knee replacement.
I found out in January that he has been having an affair with our
daughters friends mother.
I have a few questions. 1- Can I sue her for alienation of
affection? If not is there anything I can go after her for?
I think the answer is "no". "Alienation of affection" was a common-
law tort but I believe most if not all states have eliminated it by
statute. She doesn't owe you a duty to stay away from your husband;
he owes you a duty to stay away from other women. But you can't sue
him either; for adultery the remedy is either to accept it or
institute divorce proceedings.
2) Is he entitled to any of the settlement money since he was
already involved with her prior too me reaching a settlement?
I don't believe Ohio is a community-property state, so if the
settlement was payable to you then I don't believe he's entitled to
any of it under any circumstances.
Now let me give you my stock answer: there's considerable money
involved here, literally a megabuck. You need to get legal advice
from a real lawyer (I'm not) in Ohio, who practices family law.
By asking about particular causes of action I think you limit your
options. I believe it's in your best interest to see a family-law
attorney, explain the circumstances, and ask for advice. She will
help you see your legal options, and she will (should) also give you
an idea how much it will cost to pursue them, so that you can make
an informed decision.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
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crash72201@aol.com (Sally G) wrote in
news:t6t070pb5se1ofrfeqoivoao6bs7rj0k8b@4ax.com:
I have a few questions. 1- Can I sue her for alienation of
affection? If not is there anything I can go after her for?
If "he" is your husband...
That cause of action is dead in most, if not, all states, by statute. It
is in PA at least, unless the defendant is a relative of the spouse.
No, it doesn't appear that she has committed any tort merely by having an
affair with your husband.
See a divorce lawyer. He may have to maintain you on his benefits and
support you with higher alimony since you can't work again.
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On Tue, 06 Apr 2004 15:30:41 -0400, News Subsystem <news@news.astraweb.com>
wrote:
crash72201@aol.com (Sally G) wrote in
news:t6t070pb5se1ofrfeqoivoao6bs7rj0k8b@4ax.com:
If "he" is your husband...
That cause of action is dead in most, if not, all states, by statute. It
is in PA at least, unless the defendant is a relative of the spouse.
They are not dead in North Carolina whose legislature considered abolishing
them last year but failed to act. NC, Utah and 5 or so other states still
allow alienation of affection suits. A couple of other states abolished such
actions only in the last year or so.
My understanding is that Ohio still supports alienation of affection suits
to some extent but that no monetary recovery is possible.
Isaac
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[cc'd to previous poster; follow-ups in newsgroup suggested]
"Sally G" <crash72201@aol.com> wrote in misc.legal.moderated:
I think the answer is "no". "Alienation of affection" was a common-
law tort but I believe most if not all states have eliminated it by
statute. She doesn't owe you a duty to stay away from your husband;
he owes you a duty to stay away from other women. But you can't sue
him either; for adultery the remedy is either to accept it or
institute divorce proceedings.
Not quite all states: the states where it persists are Hawaii,
Illinois, Mississippi, New Hampshire, New Mexico, North Carolina,
South Dakota and Utah. Alienation of affection laws were struck down
in Missouri last year [Helsel v. Noellsch, SC85053 (2003)], but upheld
in Mississippi [Holcombe v. Stevens (2003)?] and North Carolina
[Hutelmyer v. Cox (2003)?]. Successful suits for alienation of
affection, criminal conversation, and similar wrongs are especially
prevalent (and a public embarrassment that the legislature has
repeatedly tried and failed to do away with) in North Carolina.
Ohio does not allow money damages in alienation-of-affection cases,
which effectively abolishes them by leaving not much, if any, relief
worth suing for.
--
Not a lawyer,
Chris Green
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