Divorce and Alienation and affection


#1

I got married on 12/28/2010 and my husband had an affair on the 7th of Jan.2011. He abandoned me for 3 weeks now living with the mistress. I have texts messages proving that he committed adultery. My husband has a settlement coming sometime this week, for being in a car wreck back in August,2010. He got in the wreck before we got married, but his settlement is being issued to him while we’re married. Is his settlement an maritial asset? And the mistress is aware that he is married to me, and she still continues on being in a relationship with my husband. Can I sue her for having an affair with my husband? I did my reserch on alienation and affection I just want some legal advice for this matter. Please help me I want out of this marriage!


#2

The settlement is not a marital asset as the money is intended to cover the accident that happened prior to the marriage.
You may sue his paramour for alienation of affection if you can prove the necessary elements.


#3

Okay can he still be sued for any of this because this wouldnt have happened if he was faithful to me, And can I get a divorce next week because of what he has done to me. please any information will help, I have no help. I have support but no guidence. Can I sue him? And everything I said, is it enough to grant me a divorce? Im tired…


#4

You still have to wait until you’ve been separated for a year and a day in order to file for divorce.

Don’t waste your money on trying to sue him (non-lawyer opinion). Just move on, and get the papers filed as soon as your one year and one day hits. Should be a simple divorce since the marriage was so short. Also, IMO, no point in trying to sue the paramour, it’s expensive, and unless she is crazy-rich, you’ll never get money from her anyway…it’s just not worth it, in most cases.