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I'm trying to see if I can pursue alienation of affection…

Customer Question
I'm trying to see...

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

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Alabama

Lawyer's Assistant: Has anything been filed or reported?

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

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 1 year ago.Category: Family Law
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1/1/2017
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,355
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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

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Family Lawyer: FamilyAnswer, Lawyer replied 1 year 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

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Customer reply replied 1 year ago
I did not say he has spent money on her, he spend time and affection on her.
Family Lawyer: FamilyAnswer, Lawyer replied 1 year 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.

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Customer reply replied 1 year 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
Family Lawyer: FamilyAnswer, Lawyer replied 1 year 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?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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