Can You Sue Your Ex’s Mistress For Ruining Your Marriage?

You know you are caught up in an unhealthy family dynamic when, every time someone is upset, they point fingers of blame at multiple people as each one tries to deflect the blame; this is a dynamic where people do not assume responsibility for their own actions. Many marriages have failed to survive situations where your spouse or one of your in-laws constantly blames you, relatives on your side of the family, or worst of all, your children, for major and minor mistakes and shortcomings. If this was not the case, you may be able to approach your divorce with the understanding that, even though the two of you grew apart, you want to divorce amicably and co-parent in the best interests of your children. If your marriage ended because your ex had an affair, then your anger is focused on your ex, or perhaps on the person that your ex cheated on you with. The family court, and perhaps even your own lawyer, will remind you that divorce is about dividing marital property in the fairest possible way and drafting a plan that is conducive to the children having a stable relationship with both parents. This is easier said than done. For help thinking clearly about a divorce brought on by adultery, contact a Birmingham divorce lawyer.

The Delicate Situation of Financial Compensation for Marital Misconduct

Somewhere not too far from here, a court ordered a woman to pay a settlement of more than a million dollars to the ex-wife of her boyfriend. The plaintiff claimed that her marriage broke up because of the defendant’s extramarital affair with the plaintiff’s husband. The parties happened to live in a state that has a “Jolene law” on the books, where you can sue an ex-spouse’s affair partner for ruining your marriage. Alabama does not have such a law; it used to have a similar law, but it has since abolished it.

Instead, just as income earned and debts incurred during the marriage, so does the responsibility for the breakdown of marital relationship. Alabama, like other states, is a no fault divorce state, which means that the courts assume that the parties are dissolving their marriage by mutual consent. The court will not award you a greater share of marital property just because your ex-spouse is a lying, cheating slimeball. It does, however, acknowledge the concept of marital misconduct, which it defines as intentionally diminishing the value of the marital property so that one’s ex will get less when the couple divorces. If your ex intentionally spent down marital funds so you would get less money in the divorce, the divorce court will award you more money. Adultery does not, by itself, count as marital misconduct.

Contact Peeples Law About Divorce Cases Involving Rehabilitative Alimony

A Birmingham family law attorney can help you if your marriage broke up because your ex had an extramarital affair.  Contact Peeples Law in Birmingham, Alabama today to schedule a consultation.

Source:

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