Recently in the news in North Carolina, Howard and his wife got a divorce after being married for 12 years. The termination of the marriage was unbearable for Howard, and the judge agreed that the homewrecker (his wife’s paramour) owed Howard $750,000.00 under the legal concept of “alienation of affection.”
Alienation of affection has long since been abolished in Ohio, and only 6 states currently have such a law: North Carolina, Mississippi, South Dakota, New Mexico, Utah and Hawaii. This legal concept dates back to the dowry days of old English law, with North Carolina being the very first state to recognize it. Originally only men could sue under this concept, but later in 1868, women were allowed to sue the homewrecker as well!
So, in the State of Ohio the answer is NO, you cannot sue the woman who took your husband, or vice versa. But, the adultery committed by the husband or wife allows for the grounds, or legal reason, to allow the court to terminate the marriage in a divorce.
Of course, if money damages are still of interest, a good attorney can review the illicit relationship to see if any marital funds were expended during the times of the “tryst,” and such expenditures could be considered “financial misconduct” under Ohio law, and a portion of such expended monies could be added back to the innocent spouse in the divorce!
Financial misconduct can also allow for money back to the innocent spouse when money has gone missing, and is unexplained, or if there has been gross overspending, or gambling and categories of misconduct.
The attorneys at Joseph & Joseph & Hanna, Co. LPA look forward to assisting you through this difficult time, and obtaining for you what you need to help you move on.
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