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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm trying to see if I can pursue alienation of affection

Customer Question

I'm trying to see if I can pursue alienation of affection during divorce in Alabama, my spouse as well as his mistress should both have to pay for their consequences in the distraction of my marriage and the pain and suffering of the lu
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Has anything been filed or reported?
Customer: Not as of yet this has just come to light, I have made an appointment with an attorney about divorce with the charge of adultery, but I feel that the other woman is equally responsible for the breakdown of my marriage
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have photos and conversations between her and my husband as well as nude pics she has sent him. She has been coming around here acting as if she was my friend, but I feel there is a moral code that women should have as not to pursue a married man and destroy their marriage of 16 years
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 8 months ago.

Good morning. I am sorry to hear about what you are going through. In a situation like this, if you are going to divorce him, you can go after and recover, money, which was a marital asset, that he spent on this women. He should not have been using martial assets to buy her things and pay for her and you can go back and demand and recover those costs, to get more money awarded to you, as a result of this. A court is not likely going to order damages for pain and suffering but can award you what you are entitled to, if martial assets were wasted and used on this women. I certainly agree that morally, she should have not been speaking with you husband or anything like that but it also needs to be known and discovered, as to what he was telling her and making her believe and how she was acting in response to that

Customer: replied 8 months ago.
I did not say he has spent money on her, he spend time and affection on her.
Expert:  FamilyAnswer replied 8 months ago.

Yes, I do understand but that is not something the Judge can impose punitive damages for. Punitive damages are intended to punish an individual for extreme and outrageous conduct. While I agree that her conduct was wrong and immoral , Judges are not inclined to award those type of damages for situations like these. I know it is not ideal but I am just being truthful with you, that a civil lawsuit will not likely result in recovery against her.

Customer: replied 8 months ago.
I don't want her money I want satisfaction, so I'm I right in assuming that she does not have any obligation to he actions in the distruction of my family and home
Expert:  FamilyAnswer replied 8 months ago.

What type of satisfaction do you want, if you do not want money? I just want to understand the remedy or relief you seek?