Alienation of Affection Law in Maryland

My question involves an injury that occurred in the state of: Maryland


Hello everyone – please bear w/ me on this; I understand it is long, but I wanted to make sure I include as much pertinent information as possible to get a good answer(s). I greatly appreciate any advice anyone can provide.

So here it is:

Sometime in early 2009, I began having a relationship with a married woman. She started out as a friend that I have known since we were 18; we were 24/25 when we began to be more intimate. It all started when she came over during the week to vent to me about her husband. Telling me how they aren’t working out, that she isn’t happy and that they are having a lot of problems. I initially told her that it isn’t my place to give her marital advice but I said that I think she needed to work on things with him. To make things better, go to counseling etc. She insisted that they have been going to counseling for a while now. A few months pass by and we have been even closer friends, we are spending a lot of time together and feelings start to develop. I previously had met her Husband and we weren’t by any means friends, but we all went out maybe a handful of times. They have two children together.

In March of 2009 my so called best friend decided to call and tell her husband about us. Things got way out of hand. We were both devastated and we tried to end things so she could work on her marriage. We tried on numerous occasions, but we weren’t able to stay away from one another. She began to tell me that she wants to leave her husband and that she wants to be with me and spend her life w/ me. I won’t lie, I felt the same way. However, I specifically told her on several occasions to make sure that this is the decision that SHE wants to make. To not make this decision based on the success of our relationship because neither of us knows what will happen in the future.

A year or so passes by and she moves out with the kids. We ended up leasing a Townhome together and we were living there. Nearing the move, I actually was introduced back to her husband. I helped them move things out. We were cordial and civil and things were fine between him and me. So now she, I, and her boys live in the same house, and the husband (they were separated at this point) lived w/ his parents.

Fast forward to April of 2011, we have been living in the house since October of 2010. Her husband is getting all of his wisdom teeth pulled out, so she asked me if I would mind if he stayed at the house for a week or two till he heals fully. She also said that she feels it is necessary that she speaks w/ her husband about them divorcing and how to break it to the kids. I agree and decide to stay at a friend’s house for the time being. Well 2 weeks turned into 9 months of me living on my friends couch while he stayed at my house w/ her….During this time I was at the house every night, but was leaving to go to my friends to sleep (I know I know, I am a fool). So for the 9 months I was there every night, and on the weekends, and pretty much have been spending everyday around her husband.

December 2011, I move back to my house because my friend is expecting a child. I’m sleeping on the couch in my own house. This is still going on, and since then my gf and I have been fighting a lot. I want to end the relationship, she is begging me to work on things but I have caught her in too many lies, she has betrayed me too many times. So I told her I am done.

Well fast forward to February 2012. Her husband settling on a condo that he bought, he is supposedly moving by end of March. She begs me to work on things still and I tell her no. She asks me if I would just please stay to support her through rough times for the time being (Her mom has Terminal Cancer…or so she says, I haven’t heard this from her mom).

Anyways, my gf then tells me that she’s been seeing her lawyer trying to finalize papers for the divorce. She tells me that she saw a Business card in her husband’s car for a law firm. She grabs it, takes a picture and goes to her Lawyer with it. Now I know this is illegal, but she says her lawyer’s assistant is family or good friends w/ the assistant at the law firm on the business card.

Long story short, my gf’s lawyer obtains written documentation from my gf’s husband regarding a law suit against me. My gf tells me that he is resentful, that he feels I am the reason their marriage failed and that because of me he has suffered from emotional distress and financial distress. My gf tells me that he has spoke to a lawyer about suing me for (I believe this is correct) Emotional Distress and Financial losses or distress. Essentially saying that I caused him and the kid’s emotional distress and that I caused him to have to liquidate his assets (Investment properties that he shared jointly w/ my gf).

My question is, does he actually have a case? Can I be sued for Emotional distress or financial distress? Her husband and I have pretty much become friends. We see each other every day and have lived w/ one another for a long time. We have gone on camping trips and have spent a lot of time hanging out together. Wouldn’t these actions be contradicting to his law suit?

Now keep in mind, that I have not seen this write up, I am going all based on my gf’s word, which I question heavily hence why I am posting this here. My gf said to me that the main reason she asked me to stick around for now is because she claims that her husband is extremely resentful and that he believes I only started a relationship w/ my gf because I wanted an easy way to success. She is successful, and financially sound. He only says that I was out for two things, money/comfortable living and well you can guess the other thing. The reason he says this is because my so called ex-best friend told him those exact words. She says that if I leave now, that he will feel more inclined to follow through w/ this suit.

So is this even feasible?

Thanks in advance!

Alienation of Affection laws are not present in MD. He will likely be totally unsuccessful, even though you deserve it.

I'm not a lawyer, but I will say... I hope he can. I hope he does. And if I'm on the jury, you're guilty as hell.

As far the girl, have you ever heard the saying "you can't make a hoe a housewife"?

Maryland has eliminated the tort of alienation of affections by statute, and in subsequent case law has eliminated the cause of action for criminal conversation. See Kline v Ansell, 287 Md. 585; 414 A.2d 929 (1980). I expect that your lawyer has already told you that, so is there something more to this?

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Quoting FullAuto

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I'm not a lawyer, but I will say... I hope he can. I hope he does. And if I'm on the jury, you're guilty as hell.

As far the girl, have you ever heard the saying "you can't make a hoe a housewife"?

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FullAuto, thanks for your constructive advice. You do realize this would be in Civil court if it ever made it that far where as there is not Jury... Either way, you're entitled to your opinion and even though I didn't ask for that, I appreciate you bumping my question back to the top. I know what has transpired is not right and was not done correctly, I don't need you to make immature comments such as this. We were madly in love and love makes you do some stupid things. Out of all of this I have learned one thing, and that is to never allow myself to do this again.

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Quoting Mr. Knowitall

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Maryland has eliminated the tort of alienation of affections by statute, and in subsequent case law has eliminated the cause of action for criminal conversation. See Kline v Ansell, 287 Md. 585; 414 A.2d 929 (1980). I expect that your lawyer has already told you that, so is there something more to this?

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I have not consulted with a Lawyer just yet, I wanted to educate myself about this as much as I could via internet resources before doing so. I do greatly appreciate your insight and thank you!

I'm sorry - I see on review that it's your girlfriend's lawyer. He didn't pass on any words of wisdom to your girlfriend?

As a practical piece of advice:

What they'll do with you, they'll do to you.

Just tossing a quick question out here. In your post, you refer to the business card the g/f found, took a picture of, etc. The lawyer's assistant is a friend of the assistant at the other law firm. G/f's Mom has terminal cancer - you never heard that from Mom. G/f's lawyer got written documents about the lawsuit.

You caught g/f in a bunch of lies but she wants you to work things out. You want it to be over.

Curiously, have you ever seen, heard, tasted, smelled, or touched any of this so-called "evidence" of what's allegedly going on with her ?

Ever heard of a set-up ?

Why is it most cheaters claim to be "madly" in love and think this justifies their actions?

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Quoting Mr. Knowitall

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I'm sorry - I see on review that it's your girlfriend's lawyer. He didn't pass on any words of wisdom to your girlfriend?

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She claims that her lawyer has nothing to suggest. She said, "I almost want him to file it so that I can confront him and ask him what he wants to gain from this". She said, "It isn't in her husband's nature to be vengeful and to do things such as this, but he has expressed to me his resentment for you (referring to me) and that he blames you for our marriage failing". She said he says I was only out for a comfortable life w/ her and out for the money. Which is complete utter BS.

She has stated to me that if I want to go talk to her lawyer that I can and he will better explain things. So I believe I will try and call her bluff, see if she actually follows through. At least then I could possibly get a better idea on what grounds he is trying to sue me. I think anyone can understand my fear/concern w/ this lawsuit because I would lose my job if he followed through and won. My logic tells me that if he has seen a lawyer about this and actually began the paper work, that makes me wonder why he would go through all of that w/ a lawyer if he didn't have a case? Then again, I am not a lawyer, so I do not know if lawyers will say you have a case just to get the work when in fact your case wont hold up in court.

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Quoting Riply

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Just tossing a quick question out here. In your post, you refer to the business card the g/f found, took a picture of, etc. The lawyer's assistant is a friend of the assistant at the other law firm. G/f's Mom has terminal cancer - you never heard that from Mom. G/f's lawyer got written documents about the lawsuit.

You caught g/f in a bunch of lies but she wants you to work things out. You want it to be over.

Curiously, have you ever seen, heard, tasted, smelled, or touched any of this so-called "evidence" of what's allegedly going on with her ?

Ever heard of a set-up ?

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No I have never seen any of the evidence leading me to believe that he is preparing or planning to sue me. I do not trust her. And the thought that she would fabricate all of this up to induce fear in order for me to stay with her has passed my mind. I asked her about this so called lawsuit, she says she read it herself and it was against me for Emotional distress (she didn't say Intentional or Negligent) and for Financial Damages.

So in the state of Maryland, Alienation and Affection lawsuits have been abolished. Could her husband pursue a lawsuit against me given the previous statement? He is saying (according to my gf), that because I came into their lives I have caused him Distress and financial losses. Since Alienation and Affection lawsuits have been abolished, could he even pursue this against me considering he is blaming the affair and me being the third party in the situation he blames me?

I found this article on Intentional Infliction of Emtional Distress in Maryland:
"Intentional Infliction of Emotional Distress is very difficult to establish under Maryland personal injury law.
In order to prove a prima facie case of IIED in Maryland, the Plaintiff must show:
1. That the conduct was intentional or reckless;
2. The conduct is extreme and outrageous;
3. There is a causal connection between the wrongful conduct and the emotional distress;
4. The emotional distress is severe.
To meet the fourth element, the emotional distress must be “severely disabling,” such that “no reasonable man could be expected to endure it.” Being “upset” and “embarrassed” is not sufficient to show severe emotional distress. Evidence that the Plaintiff could continue with his normal life activities or that he did not seek professional treatment can show that the distress is not “severe.”
In Green v. Shoemaker, the Maryland Court of Appeals determined that a plaintiff cannot recover for emotional distress unless a “physical injury” results from the tort. Later, the court expanded a “physical injury” to include injuries “manifested by an external condition or by symptoms clearly indicative of a resultant pathological, physiological, or mental state.” The physical injury can be proven through evidence of an “external condition or by symptoms of a pathological or physiological state.” Also, it can be proven through evidence that indicates a “mental state.” However, medical testimony is not required in order to show mental distress."