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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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Is there any way to use Intentional or Negligent Infliction

Customer Question

Is there any way to use Intentional or Negligent Infliction of Emotional Distress to get around the legislation barring the use of Alienation of Affection?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No.
JA: Please give me a bit more information, so we can help you best.
Customer: My husband is cheating on me with a woman he met though his work. She lives in LA and I live in MO. Neither CA or MO have alienation of affection laws but this has severally affected me and my children. I am a mess and have lost over 30 pounds due to the stress. I also know that the woman just came into several million dollars as a result of the business she had with my husband. I suspect that the relationship enabled her to get more money which sounds like some kind of fraud. I don't know if reporting this to my husband's company will do anything but get him fired.
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: I do think that if I could find a cause of action against the girlfriend, she would settle to avoid my going my husband's company because I believe that she would lose the millions she is being paid if this relationship came to light.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice /legal service you should contact a local attorney.

Unfortunately, generally intentional infliction of emotional distress claim is not applicable under the circumstances of a cheating spouse, unless the person with whom the spouse is cheating, in fact does something physical and of extreme nature to the spouse of the cheating spouse, such as tries to run the spouse over with a car, kills or seriously hurts a family pet or a minor child in front of the spouse, etc...(the physical act not only has to be unlawful but also very extreme in order to pursue claim for IIED).

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?

Thank you.

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?

Thank you.