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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Is "criminal coversation" an actionable tort in Arizona? If

Resolved Question:

Is "criminal coversation" an actionable tort in Arizona? If so, may the innocent spouse file such an action against his/her guilty spouse? If the answer is no to either question, does an innocent spouse have an action in any "other" tort against "their" spouse who has committed adultery in Arizona?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


Criminal conversation is not actionable in Arizona. Nor is alienation of affection, break of promise to marry nor seduction actionable in Arizona. Only Illinois, Hawaii, Mississippi, Missouri, New Hampshire, New Mexico, North Carolina, South Dakota and Utah recognize these actions.


Unfortunately, the Arizona court divides the community, joint tenancy and other property held in common without regard to marital misconduct.

 

I know that this is not the information that you would have liked, however, it is the law and I hope it helps you to know.


If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and 4 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

Husband and wife are in the process of getting a Dissolution. During the marriage husband signed wife's name to an account that was wife's separate account. Wife denies giving Husband authority to sign her name. Husband can prove, at great expense however, that wife authorized husband to sign her name.

 

In settlement letter Husband's attorney wants to request wife to sign a waiver that would release husband for post dissolution, or future, tort action for forgery, or whatever. However, husband feels that by tendering such a waiver it only gives wife's attorney more enthusiasm to push the issue post decree. Wife's attorney has no idea about all of the bad conduct of his client at this time. Wife's deposition is pending at which time all of her conduct will be revealed. She has already been caught using cocaine and Judge ordered her tested which was positive.

 

But, husband is trying to settle and get on with his life. Wife has lied to her parents who are bank rolling her attorney fees. As long as her parents think she is their innocent daughter they will bank roll the case. Fees are ought of sight and the community has no assets. Wife's parents just want to bury Husband. Dumb!! Husband has no desire to bury wife or make her conduct public by way of the Courts, or otherwise. He just wants to get the matter settled so all can move on with their lives.

 

Thus, my original question: Wife admits ongoing adulterous affair which from husband's standpoint is reason behind dissolution. This will be established during deposition but she has already admitted it. She doesn't know it but Husband has names, etc. of an additional 5 men with whom she has been carrying on affairs. Husband is just trying to settle this mess.

 

Thus, if wife's adulterous conduct is a tort, the tender of the waiver could be presented as in "each" parties best interest and hopefully not further enthuse wife's attorney and parents. with respect to continuing legal proceedings. Any further advice would be appreciated. Thanks!

Expert:  Ellen replied 8 years ago.
Hello,

Your strategy appears to be have both H and W tender mutual releases as to all past activity by creating a concern for wife.

Good strategy. However, the tort could not be any of the heart balm torts mentioned in my first answer.

One consideration could be the tort of battery: by having sex with at least 6 men and using drugs, wife may have contracted a sexually transmitted disease that has not yet been diagnosed and exposed husband to it. The tort of battery could be cause for a release.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE


Ellen and 4 other Family Law Specialists are ready to help you
Expert:  Ellen replied 8 years ago.
I am signing off for the night. I will check back in the morning.