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Do I have grounds to sue for alienation of affection if my…

Customer Question
Do I have grounds...

Do I have grounds to sue for alienation of affection if my ex was having an affair 20 months before our divorce?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, i'm just starting the process to see if I have a valid case

Lawyer's Assistant: Family law varies by state. What state are you in?

I live in Va, My ex lives in Ga, which is the state that we lived in a family house last but his mistress now fiancée lives in Md

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

Just want to know if I have grounds to sue

Submitted: 7 months ago.Category: Family Law
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Answered in 1 minute by:
12/22/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,399
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 7 months ago

Good morning. I am sorry to hear about this. On April 4, 1979 Georgia's legislature repealed the law allowing for alienation of affection actions. See Brown v. Hauser, 249 Ga. 513 (1982). Specifically, Georgia law now states: "Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to the person’s spouse. Rights of action for adultery, alienation of affections, or criminal conversation are abolished." O.C.G.A. § § 51-1-17. As such, you would not be able to. However, if you can show your ex-was using marital assets to fund this affair, you could try and recover those when you are diving the marital assets and/or debts.

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Customer reply replied 7 months ago
I'm divorced but If my ex wasn't in a relationship with his now fiancée during our marriage I would have been able to save my marriage. Do I have any grounds to sue the woman he was having an affair with during the last 20 months of our 32 year marriage?
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

It is unlikely, I am sorry to say. I know this is not ideal but only Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah allow it.

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Customer reply replied 7 months ago
Do I have any grounds to sue her? I'm extremely depressed since my divorce
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I know this is hard but the State does not allow whereby you can recover monetary for this.

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Customer reply replied 7 months ago
Is there a possibility I may be able to sue through her employment, we're both employed by the same employer
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I am sorry but it would not. I know you are hurt but if the State does not allow you to sue her for this, it is hard to recover for this.

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Customer reply replied 7 months ago
ok, Thank you
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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