When it comes to problematic relationships, the main way to address things, at least legally, is with a divorce. With that action, you can sever your marital ties with a spouse and gain independence. Unfortunately, divorce probably won't enrich you financially, at least in most cases. The need to punish after you've been wronged by a spouse may go unrequited with many states no longer recognizing fault in divorce cases. You might be able to file a lawsuit, however, but not against your spouse. Read on and find out more.
When Others Interfere
It's called alienation of affection and it isn't a very widely known area of personal injury law. Nor is it a widely accepted area, with only a few states allowing it. It's not your former spouse that is the recipient of an alienation of affection lawsuit, though, it's some other party. If you can prove that a third party interfered enough with your relationship that your marital bond was broken, you may gain monetary compensation. When you consider this type of situation, most people automatically think of another woman or man that carried on an affair with a spouse, and they are frequently the targets of this type of action. Unfortunately, the person that came between you and your spouse could be any number of other people and all of them could be a party to an alienation of affection suit. Other than cheating spouse situation, consider these other alienation of affection factors:
- A mother-in-law never approved of a marriage and has waged a war against it from day one.
- A friend talked a spouse into filing for divorce and is supporting them in accomplishing the divorce.
- A religious-based counseling service has been harassing one spouse, a member of a church, about a spouse that refuses to adapt to a religion and is pushing them to divorce.
What Plaintiffs Must Prove
You cannot obtain money from a defendant unless they have it. However, you may be entitled to real estate, some of their wages (wage garnishment), and any funds in an investment or bank account. All relationships go through ups and downs but you have to show that, but for the actions of the defendant, you and your spouse were or would have been happy. Be prepared to provide concrete examples of how the actions of the defendant harmed your relationship.
This type of action is unusual but is possible in a few states. Talk to a personal injury lawyer like Phillip Koutsogiane Attorney at Law for more information about personal injury law.