Wednesday, February 10, 2010

Alienation of Affection

According to the National Enquire, John Edwards has asked his mistress to marry him.

Knowing that Elizabeth Edwards is an attorney I am HOPING that she has remembered the law regarding alienation of affection. I also hope she files paperwork and subpeonas the "the sex tape", ya know for evidence. As if the child born from this affair isn't enough evidence of it.

As of 2008 there are only six states that recognize the alienation of affection law, they are Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.
From wiki "At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections."

In North Carolina it seems the juries really can be generous.
From Rosen Law Firm:
"Even in this decade, the trend of generosity has continued. In August of 2000, a Burke County judge awarded a devastated wife $86,250 for alienation of affection and $15,000 for criminal conversation, totaling $101,250. In May of 2001, in Richmond County, the jury answered the issues of alienation of affection and criminal conversation in favor of the scorned husband and awarded him compensatory damages of $50,000 plus punitive damages of $50,000. Another distraught husband, in Mecklenburg County, received an award of $1.4 million in May, 2001 comprised of $910,000 in compensatory damages and $500,000 in punitive damages.The jury found the doctor who had had an affair with this man’s wife liable for both alienation of affection and criminal conversation. After an appeal the original award of compensatory damages was reversed, the punitive damages award, however, was upheld."

I really would LOVE to Elizabeth Edwards put this "woman" in court , infront of the world and sue her for every penny she planned on taking from Elizabeth's family!!

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