It is good to be generous. However, there are just some things that you can’t and should not share – like your husband, for example. So, what should you do when you find out that you’re actually “sharing” your man with another woman?
Infidelity is something that every woman fears. When your husband fails to uphold your marital vows, it is painful not only to you, but also to your children. Once your man cheats on you, it will be hard to trust him again. Trust and love are vital in a marriage, and without trust, love may not survive. Due to infidelity, some women, upon discovering their partners’ unfaithfulness, have even killed out of passion. But before you resort to something very cruel, take a deep breath first. Think about yourself and your children. Instead of doing something that could land you in prison, why not take legal action?
Alienation of Affection Suits
A scorned woman can sue the mistress of her spouse. A husband can also do the same if he finds out that his wife is cheating on him. The charge is “alienation of affection.” The “other man” or “other woman” can be sued for taking away a wife’s or a husband’s love and affection from the innocent party, which is known as an act of interference done “willfully and maliciously” by the adulterous party. So, someone who interferes in another person’s marriage can be sued. However, such lawsuits are only allowed in seven states, which are: Utah, South Dakota, Hawaii, Illinois, Mississippi, North Carolina, and New Mexico. This lawsuit was removed in all the other states because this is considered as a “revenge” law which does not help marriages or families. But if you still want to pursue it, you can. If you do not live in any of the seven states mentioned earlier, you can still take legal action against the adulterous party if the following circumstances are met:
– The mistress or lover lives in one of the seven mentioned states.
– Acts of infidelity have occurred in one of these seven states.
What to Prove
Before going ahead with the lawsuit, make sure that you have factual data or evidence. Such as the following:
– Information about the “other man” or “other woman” (i.e. name, address, work or office address)
– Proof of the adulterous relationship (photographs, emails, phone call records, text messages, etc.)
– Proof of “opportunity” and “inclination”
This pertains to how a spouse has had the opportunity to have sexual relations with another in other locations. For instance, does the husband spend time at his secretary’s apartment after office hours? Does the husband go “out of town” with the “other woman” frequently? In case of the wife, does the wife spend hours with her supposedly lover in other places, like a hotel, apartment, or maybe a beach house? Does the alleged lover visit the wife at her house frequently while the husband is out?
These are just a few questions that need to be answered. Ruling will generally depend on how a judge interprets certain situations. It is, thus, quite a subjective decision based on what a judge perceives as “opportunity.”
When it comes to “inclination”, there must be proof that the parties accused were inclined to have sexual relations. Examples include the following: photographs of the couple kissing, holding hands, or hugging in public; pictures of the two on vacation together; or emails, cards and other letters, including pornographic material, that were exchanged between the two.
About author: Claire Brown is an experienced writer who regularly blogs for Bail Bonds West Hollywood. She specializes in topics related to marital issues and personal injury.