Defending alienation of affection


#1

I have a good feeling my husband left me for a female coworker. She has no assets or a lot of money, if I can prove that she’s the reason my husband left me is it worth it to pursue an alienation of affection case?


#2

Not a lawyer

  1. Does your male friend have unprotected assets exceeding approximately $30,000 to $50,000?

  2. Does your husband have access to approximately $30,000 to 50,000 of cash to pursue a legal claim against your male friend? This might not matter because “He says he’s found a lawyer to take his case for free because it’s such a strong case.”

  3. Did you meet your male friend before you became separated? I’m not sure if you’re separated or not, but per your response, I’d guess the answer is yes when you said, “I met a man about 3 months ago.”

  4. Does your husband have evidence that you and your friend had “inclination and opportunity” to have sex? By this, I mean does your husband have evidence (i.e. video, pictures, etc) to show you were alone with your friend behind closed doors for more than ~20 minutes? If the answers to #1, #2, and #3 are “yes”, your friend should be concerned about a lawsuit for criminal conversation.

  5. Although you weren’t happy and have 98 pages of texts showing you weren’t happy, if you had 1% of affection in your marriage (i.e. " We had our good days of course when we “loved” each other"), then your male friend could be legitimately charged with alienation of affection. Your friend should be concerned of a lawsuit if the answer to #1 through #3 is “yes” and evidence exists (i.e. emails and texts) to support a close, personal relationship.

If the answer to a combination of #1 through #3 is “yes”, then I would be concerned about numbers 4 and/or 5. With the little information you provided, you should be aware that there are such things as 3rd party waivers that can be incorporated into separation agreements to protect your friend if warranted. Unfortunately, for your husband to agree to an appropriate clause in your separation agreement (I’m assuming you don’t have one yet and this is where this will go), you will likely need to concede money/assets, assuming you guys have them.

Good luck.


#3

Ok, my answer is totally not crazy. The original poster significantly changed their story when they edited their post, changing genders and omitting all details.


#4

Whether it is worthwhile to pursue an alienation of affections claim would be based on the full set of facts. Whether there is anything to recover from the offending party should be taken into consideration. You should have a consultation with an attorney in your area to discuss your facts and determine if pursuing an alienation of affections claim is appropriate.