When Divorce Is Not Enough
You’re getting a divorce; that’s for darn sure! Your spouse has committed adultery, and you feel angry, betrayed and frustrated. Beyond divorce you really, really want revenge. But don’t do anything crazy. There may be a way to zap your spouse in a satisfying—and legal—way.
Marital Tort
A tort is a claim against someone for causing physical or emotional harm. In Florida, you can launch a civil suit against your spouse—or former spouse, if they infected you with an STD. Talk to your local Boca Raton divorce attorney for details.
No Alienation of Affection Cases Allowed
There are only a handful of states that allow a spouse to sue a third party for alienation of affection. Florida is not one of them. These laws are based on an old English idea that wives were the property of their husbands. Just like a man could sue someone for stealing his horse, he could sue someone who stole his wife. Here in Florida, that thinking is considered antiquated, so suing your spouse’s lover is not an option in the Sunshine State. But that doesn’t mean it’s altogether out of the question…
Would You Consider Moving Out of State?
If your thirst for revenge is insatiable and you are positioned to do so, there may be a way to pursue alienation of affection charges. It means you would have to move to a state that still has the law on the books, establishing residency, and somehow managing to file for divorce before your spouse does here in Florida so the new state will have jurisdiction. Options for relocation include:
- Utah;
- Illinois;
- Hawaii;
- Mississippi;
- South Dakota;
- North Carolina;
- New Mexico.
Will the Ends Justify the Means?
Depending on what exactly you consider success at the end of all of this, it could potentially net you significant bucks. One such case involved a North Carolinian who was awarded $750,000 in an alienation of affection lawsuit against his former spouse’s lover. In his court battle, he had to demonstrate that he’d had a happy and satisfying marriage until the other man stepped in to seduce his wife and obliterate any chance of happiness in the family. It was one of hundreds of similar lawsuits that have occurred with the same general facts. One such case in 2010 actually scored $9 million!
What are you Looking for?
As you contemplate divorce, there are many factors to weigh. If you are looking to cause as much misery as possible, there are legal steps you can take. If you want a quick, clean getaway with little or no contact down the road, that’s possible, too. At WiseLieberman, our experienced divorce attorneys’ first job is to listen to you. We can make smart, considered recommendations from there. To schedule a confidential consultation, contact our Boca Raton office today.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0771/0771.html
abcnews.go.com/US/break-marriage-states-owe-money/story?id=66032644
