A recent case of a husband suing the website Ashley Madison, whose motto is, “Life is short. Have an affair,” brings up the question of men and women suing their spouse’s lover. This case is different because it calls into question a business that appears to be in the business of infidelity: Jilted husband sues online infidelity service Ashley Madison.
Litigation allowed in only 7 states:
Litigation is only on the books in seven states in the union, so in the other 43 states, one should not even think about wasting time, energy, and emotional trauma on such an action.
Seven states permitting infidelity lawsuits include: Hawaii, Illinois, Mississippi, New Hampshire, North Carolina, New Mexico, South Dakota, and Utah.
Suing a mistress:
The concept of suing a mistress is based on the archaic law of spouses as property. As such, if a husband or wife sues because of loss of affection, the lawsuit in reality is for loss of consortium, that is, sexual relations. Read what Loss of Consortium - Major Injury Law has to say about this.
Here are 6 reasons that one should never sue for loss of affection:
1) It is a waste of time and money.
2) Juries rarely will agree to it.
3) It is misguided energy.
4) Suing interferes with one’s own healing process and damages any chance of trying to work things out.
5) In the case of a mistress, suing does not deter other would-be-mistresses because lust is stronger than the fear of legal retaliation by a wife.
6) The stress of a lawsuit is dangerous to one’s health. Stress and Heart Attack Risk.
What should you do if you suspect a cheating spouse?
Ask your spouse to talk with you in a kind and non-threatening way. Suggest you both see a marriage counselor. Put the forgiveness factor on the table for the sake of your health.
Copyright 2013 Rita Esposito