ExpertLaw.com Forums

Husband's Affair With A Minor, and Alienation of Affection

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 04-01-2007, 02:50 PM
    staceyrobinson
    Husband's Affair With A Minor, and Alienation of Affection
    i am in mississippi. here is the chronology of events. 3/11/07 i go out of town to visit friends husband had just bought me a ring, we were happy and in love. (i know the date the affair started according to a detailed phone log i have from 6 months up until today--got him nailed on adultery..anyway:) on 3/14/07 he meets and starts seeing this girl. she is 16 (which is legal in my state--husband is 21). 3/15 i come home from trip. 3/18/07 he has sex with her (the only time they had sex). 3/22 i find out, and he tells me he is leaving but that he still loves me and is going to come home, yet refuses to stop talking to her. on 3/24/2007 (still in contact with her--and she knew he was married before she even started seeing him, and i told her to back off cause we are married and she said she would but she hasn't yet) he decided he wanted a divorce. we were in love, and then werent after this affair, and the same time he decided he wasnt in love was the same time he met this girl, and the fact that she was told by BOTH OF US that we were trying to work it out, and she still kept contacting him. do i have a case against her? and the fact that she is 16 will that make her parents have to be responsible for the money or whatever, when i sue her? what advice can you give me?
  • 04-01-2007, 03:11 PM
    Baystategirl
    Re: where do i stand?
    Quote:

    Quoting staceyrobinson
    View Post
    i am in mississippi. here is the chronology of events. 3/11/07 i go out of town to visit friends husband had just bought me a ring, we were happy and in love. (i know the date the affair started according to a detailed phone log i have from 6 months up until today--got him nailed on adultery..anyway:) on 3/14/07 he meets and starts seeing this girl. she is 16 (which is legal in my state--husband is 21). 3/15 i come home from trip. 3/18/07 he has sex with her (the only time they had sex). 3/22 i find out, and he tells me he is leaving but that he still loves me and is going to come home, yet refuses to stop talking to her. on 3/24/2007 (still in contact with her--and she knew he was married before she even started seeing him, and i told her to back off cause we are married and she said she would but she hasn't yet) he decided he wanted a divorce. we were in love, and then werent after this affair, and the same time he decided he wasnt in love was the same time he met this girl, and the fact that she was told by BOTH OF US that we were trying to work it out, and she still kept contacting him. do i have a case against her? and the fact that she is 16 will that make her parents have to be responsible for the money or whatever, when i sue her? what advice can you give me?


    She is 16 and you want to blame HER because your ADULT husband messed around? What do you think you will win? The 50.00 a week baby sitting money she earns? How are her parents more responsible for this than YOUR ADULT HUSBAND that went after their MINOR daughter?
    :confused:
  • 04-01-2007, 03:15 PM
    moburkes
    Re: where do i stand?
    And, how is this an affair?
    03/14/07 they meet
    03/18/07 they have sex

    And, you want to hold her parents accountable? How about she holds you accountable for child support when your husband gets her pregnant?
  • 04-01-2007, 03:57 PM
    staceyrobinson
    Re: where do i stand?
    first off, when i said he refuses to stop talking to her, i typoed. i meant "refused" he has since cut off contact with her. secondly, in our state she is NOT A MINOR. in other states she is, but age 16 here is the legal age of consent. i am not TRYING to hold her parents responsible, i am asking if they CAN BE. hell they obviously aren't good enough parents and may need to be taught a lesson anyway!! and when the previous poster asked how one occasion of sex is an affair--by definition an affair is when someone commits adultery. by definition adultery is when a spouse has sex with someone other than their spose. so, yes, it was an affair. and actually, she is the one who drove around the parking lot honking at him, he said he was married, and had a baby, and that he had to go home. he left, she got the number from a friend, claiming that she wanted to contact ME (said friend is someone that has swore a testimony to be introduced in our divorce case--so it is the truth--they would not perjure themselves.)this friend only had my husband's cellphone number because that is how they got in contact with the both of us. and despite this, the girl pursued him, claiming she was 18 (to turn 19 in june). he was 21. (three years is not an unheard of age difference, unless you are in the stone age--and who id's the people they have sex with?!?!) we were having problems anyway and granted--cheating is no excuse, but just because he is 21 doesnt mean anything. but she then after the fact said she is only 16 and he has since tried to cut off contact with her but she will not leave him alone, and it goes direct to voicemail (i check his call logs). her parents also aren't very good parents, they let her run around with her friends until early hours, and even let her "get away" with having sex with a 36 year old man, and ruining HIS marriage. my husband did not know all of this at the time. secondly, in our state, if the sexual relations did not occur on the parent's property, the only thing they can do is have a restraining order placed on him, they cannot have him thrown in jail. this i know. and he has no desire to see her again. she is one of those young girls who sets out to take married or taken men and destroy their relationships (besides my marriage and the 36 year old's marriage, she has destroyed 2 other couples) and as soon as she messes up their relationships, she dumps them and reveals her age. she's not an innocent child. she is a seductive little slut. . screw the fact that he had sex with her--she knew he was married and pursued him. this is a question about my case against HER not my husband. now that i have amended my post, will someone give me an opinion based on the LAW and not their own personal opinion? thank you.
  • 04-01-2007, 04:26 PM
    Baystategirl
    Re: where do i stand?
    Quote:

    Quoting staceyrobinson
    View Post
    first off, when i said he refuses to stop talking to her, i typoed. i meant "refused" he has since cut off contact with her. secondly, in our state she is NOT A MINOR. in other states she is, but age 16 here is the legal age of consent. i am not TRYING to hold her parents responsible, i am asking if they CAN BE. hell they obviously aren't good enough parents and may need to be taught a lesson anyway!! and when the previous poster asked how one occasion of sex is an affair--by definition an affair is when someone commits adultery. by definition adultery is when a spouse has sex with someone other than their spose. so, yes, it was an affair. and actually, she is the one who drove around the parking lot honking at him, he said he was married, and had a baby, and that he had to go home. he left, she got the number from a friend, claiming that she wanted to contact ME (said friend is someone that has swore a testimony to be introduced in our divorce case--so it is the truth--they would not perjure themselves.)this friend only had my husband's cellphone number because that is how they got in contact with the both of us. and despite this, the girl pursued him, claiming she was 18 (to turn 19 in june). he was 21. (three years is not an unheard of age difference, unless you are in the stone age--and who id's the people they have sex with?!?!) we were having problems anyway and granted--cheating is no excuse, but just because he is 21 doesnt mean anything. but she then after the fact said she is only 16 and he has since tried to cut off contact with her but she will not leave him alone, and it goes direct to voicemail (i check his call logs). her parents also aren't very good parents, they let her run around with her friends until early hours, and even let her "get away" with having sex with a 36 year old man, and ruining HIS marriage. my husband did not know all of this at the time. secondly, in our state, if the sexual relations did not occur on the parent's property, the only thing they can do is have a restraining order placed on him, they cannot have him thrown in jail. this i know. and he has no desire to see her again. she is one of those young girls who sets out to take married or taken men and destroy their relationships (besides my marriage and the 36 year old's marriage, she has destroyed 2 other couples) and as soon as she messes up their relationships, she dumps them and reveals her age. she's not an innocent child. she is a seductive little slut. . screw the fact that he had sex with her--she knew he was married and pursued him. this is a question about my case against HER not my husband. now that i have amended my post, will someone give me an opinion based on the LAW and not their own personal opinion? thank you.

    North Carolina is the only state to still recognize AOA , and even then it is almost never heard by a court. So in answer to your question...You can't sue her for this!

    BTW...Age of consent and Age of Majority are two different things...The AGE OF MAJORITY in Miss. is 18...so the "little slut" is a MINOR! In every state!
  • 04-01-2007, 04:56 PM
    Dennis Blanco
    Re: where do i stand?
    Wow...I can hear the banjo music in the background! :rolleyes: This is certainly some redneck nonsense.

    I swear, some people should have to get a license which verifies a certain level of intelligence prior to having sex!

    DB
  • 04-01-2007, 05:04 PM
    Baystategirl
    Re: where do i stand?
    Quote:

    Quoting Dennis Blanco
    View Post
    Wow...I can hear the banjo music in the background! :rolleyes: This is certainly some redneck nonsense.

    I swear, some people should have to get a license which verifies a certain level of intelligence prior to having sex!

    DB

    dada- deedeedeedee- dummdeedee......:p (Theme from Deliverance....oink!:eek:
  • 04-01-2007, 05:12 PM
    moburkes
    Re: where do i stand?
    Yada, yada, yada. Your husband vowed, before God, I assume, to be faithful to you. She's a teenager who thinks she knows it all. Period. However, she is still a minor while he is attempting to go to jail. So, again, why aren't you upset at your cheating husband?
  • 04-01-2007, 05:22 PM
    Baystategirl
    Re: where do i stand?
    Quote:

    Quoting moburkes
    View Post
    Yada, yada, yada. Your husband vowed, before God, I assume, to be faithful to you. She's a teenager who thinks she knows it all. Period. However, she is still a minor while he is attempting to go to jail. So, again, why aren't you upset at your cheating husband?


    Mo! It wasn't his fault! Because:
    Quote:

    she is a seductive little slut
    !!!!

    At 16 she KNEW BETTER!! And we know that all men are dogs that think with their wee willy and can't be held accountable for their actions!!! It's the other womans fault...even if that other woman is barely old enough to have pubic hair!! Evil, evil seductive slut!!
  • 04-01-2007, 05:28 PM
    aaron
    Re: where do i stand?
    Quote:

    Quoting Baystategirl
    View Post
    North Carolina is the only state to still recognize AOA , and even then it is almost never heard by a court.

    While most states have eliminated alienation of affection as a cause of action, it survives in more than just North Carolina.

    The Mississippi Court of Appeals has stated that:
    Quote:

    Quoting Gorman v. McMahon, 792 So. 2d 307 (2001)
    under Mississippi law, [elements of alienation of affection] include the following: (1) wrongful conduct of the defendant; (2) loss of affection or consortium; (3) causal connection between such conduct and loss. Bland v. Hill, 735 So. 2d 414, 417 (Miss. 1999); Saunders v. Alford, 607 So. 2d 1214, 1215 (Miss. 1992). For [a plaintiff] to succeed in his action for alienation of affection against [a defendant], [the plaintiff] has the burden of proving that there was a direct interference on [the defendant's] 's part sufficient enough to satisfy the jury that the alienation of [his spouse]'s affections was caused by [the defendant]. Bland, 735 So. 2d at 419; Saunders, 607 So. 2d at 1215; Kirk v. Koch, 607 So. 2d 1220, 1222 (Miss. 1992); Stanton v. Cox, 162 Miss. 438, 139 So. 458, 460-61 (Miss. 1932). Further, [the plaintiff] must prove that [the defendant]'s interference damaged his marriage to [his spouse]. Bland, 735 So. 2d at 419.

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 01:18 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved