Re: alienation of affection
Quote:
Quoting tilemama
My husband is threatening to sue a man with whom I had an email relationship. I am no longer in contact with this person, as I am trying to repair my marriage. My husband and I are still married, not separated, etc. and live in MA. The other man lives in IL. Would an alienation of affection lawsuit apply in this situation? Would it only apply in a divorce senario or possible if we are still married? Also, if we were to divorce, is there a time limit to this type of law? As I said, I am no longer in contact with this other man, and have no relationship with him at this point. What type of implications could this have in regard to custody in MA? Thank you for any help you can give.
My response:
I agree with you. You should get rid of your husband as soon as possible. If he's threatening "Alienation of Affection" in MA, then he's just too dumb to be with you. You need someone smarter - - like an attorney!
Here's the law in MA:
Quote:
The General Laws of Massachusetts
PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 207. MARRIAGE
ALIENATION OF AFFECTION AND CRIMINAL CONVERSATION NOT ACTIONABLE
Chapter 207: Section 47B. Alienation of affection and criminal conversation not actionable
Section 47B. Alienation of affection and criminal conversation shall not constitute an injury or wrong recognized by law, and no action, suit or proceeding shall be maintained therefor.
(emphasis added)
IAAL
Re: Alienation of Affection
Even with the other man in Illinois, where they do recognize alienation of affection?
Re: Alienation of Affection
Quote:
Quoting tilemama
Even with the other man in Illinois, where they do recognize alienation of affection?
My response:
You and your husband are in MA. That's where any action would need to be filed - - and there is no cause of action for Alienation of Affection in MA. You were typing from MA. Your husband needs to be concerned with jurisdiction, too; i.e., if the man in Illinois has never been to, or has no business or property in MA, then your husband can't "get him." Your watch words of the day are: "Minimum Contacts" with the forum state. Additionally, your husband can't file an action in Illinois because your husband isn't a resident of Illinois!
Also, read this post from this site: http://www.expertlaw.com/forums/showthread.php?t=511
Dump the old man, and get yourself someone smarter - - like the guy in Illinois!
IAAL