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Lucy, Esq.
Lucy, Esq., Attorney
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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: 6 years ago.
Category: Legal
Expert:  NewYorkLaw101 replied 6 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
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NewYorkLaw101, Attorney
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Customer: replied 6 years ago.
Can i file in another state such as new jersey if they have such law
Expert:  Lucy, Esq. replied 6 years ago.
Hi,

My name is XXXXX XXXXX I'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: 27692
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Customer: replied 6 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 6 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: 27692
Experience: Lawyer
Lucy, Esq. and other Legal Specialists are ready to help you
Customer: replied 6 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 6 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.

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