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Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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marriage contract

Customer Question

My girl friend married another man 10 weeks back and I told her that I was going to file a law suit against her for breach of promise of marriage. As per an attorney, I do have a valid claim here.

She called me today and said she will divorce her husband and marry me if I send her an email agreeing to marry her. She also said that she was pregnant.

She said she will divorce her husband after I sent her the email. I'm not sure what she is up to. Does she really want to marry me and needs some kind of assurance from me or is she trying to get me in trouble?

Can I get into trouble if I send her the email that she wants? I did not ask for marriage at all during the phone conversation. She proposed it. So how can i draft a email covering all these points and still not get into trouble if that's her intention. I'm slightly confused with her proposal and not sure what to do however I'm curious. Please advise.
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.
What state is this transpiring in?
Customer: replied 7 years ago.
I live in Indiana. She lives in Georgia. Her husband lives in New Jersey.
Expert:  Ellen replied 7 years ago.
Only nine states -- Illinois, Hawaii, Mississippi, Missouri, New Hampshire, New Mexico, North Carolina, South Dakota and Utah -- still permit actions for alienation of affection. Therefore, as long as none of the parties reside in one of those nine states, it appears that an email would not be actionable.
Customer: replied 7 years ago.
I checked with attorneys in Georgia and she of them confirmed that I could sue her for "breach of promise of marriage". Georgia allows such claims when plaintiff has suffered financially. I have suffered close to $250,000 preparing for marriage. So my lawsuit is only for claiming compensation.

But at the same time, I'm not sure if she had a bad marriage and wants to get out of it and needs some kind of assurance from me.

so I need to know if its ok to send her an email saying that I will marry her while she is still married. she said she will divorce her husband after I send the email. I would also like to mention in the email that it was her proposal and mine. so please advise how I can draft an email which includes that following
1. it was her proposal
2. i acknowledge that she is pregnant and willing to marry her like she is
3. she is ready to divorce her husband after I send her the email

I am stressing on the divorce because I don't want to be blamed later that divorcing her husband was my proposal.

Expert:  Ellen replied 7 years ago.

I do not see that your email containing that information would be actionable. I cannot draft your email for you.

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