How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 18772
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

i live in new york state is there a legal way to get back at

Customer Question

i live in new york state is there a legal way to get back at a woman who destroy my marriage?
Submitted: 3 years ago.
Category: Legal
Expert:  NewYorkLaw101 replied 3 years ago.
Hi and thanks for using Just Answer
The claim is called Alienation of Affection -unfortunately, while NY at one point acknowledged claims of alienation of affection legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
I wish I had a better answer for you
Have a great evening
Please press ACCEPT
NewYorkLaw101, Attorney
Category: Legal
Satisfied Customers: 439
Experience: 10 years civil litigation, no-fault, personal injury, premise liability and municipality law
NewYorkLaw101 and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Can i file in another state such as new jersey if they have such law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I am sorry to hear about your situation. Unfortunately, alienation of affection has also been abolished in New Jersey. The only states that still allow such a suit are Hawaii, Illinois, Mississippi, North Carolina (unless the affair started after a married couple separated), South Dakota, and Utah. It is unclear whether Alaska law allows such a suit.

However, if the defendant doesn't live in the state where you file suit, and the acts giving rise to the suit didn't occur there, the court wouldn't have jurisdiction over the defendant, and the case would be dismissed.

I understand that you may be disappointed by this Answer, as it is not favorable to your situation. Had I been able to provide you with better news, it would have been my pleasure to do so. I work hard to ensure that I provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.

Best of luck,

Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 18772
Experience: Lawyer
Lucy, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
can sue her emotional stress? This has cause me to loose a lot of weight and seek the help of a mental health specialist.
Expert:  Lucy, Esq. replied 3 years ago.
Intentional infliction of emotional distress requires "extreme or outrageous conduct," which is defined as behavior that is utterly intolerable in a civilized society. Unfortunately, adultery has become so common in our society that it is no longer considered extreme and outrageous. I might think it's intolerable, but the law doesn't agree. As a result, you would not be able to sue her for your emotional distress. I'm sorry.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 18772
Experience: Lawyer
Lucy, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
can suefor her emotional stress? This has cause me to loose a lot of weight and seek the help of a mental health specialist.
Expert:  Lucy, Esq. replied 3 years ago.
There are only two types of emotional stress claims - negligent and intentional. You would not be able to recover for intentional emotional distress for the reasons I said above. Negligent infliction wouldn't apply to this situation - it usually occurs when a person has reason to fear for his personal safety (or witnesses an injury to a close spouse), is not injured, and suffered as a result. There is also an issue with showing that she negligently conducted an affair - whether she knew he was married or not, the acts that constituted the affair really can't be done negligently.

I'm really sorry. I know that you're hurting, but NY does not allow a person to sue another for causing the break-up of a marriage, unless she is stalking you, harassing you, has physically harmed you, or has committed some wrongful act apart from the affair.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.