Posted: 1/19/2011 2:07:51 PM EDT
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Just for my own curiousity I decided to look alienation of affection up and see if it applied to South Dakota. It actually does as SD is one of the 7 states where it is still in effect.
I would never do it but am just curious about it as my marriage is ending due to an affair. I read a case where a man from SD was awarded $950k from a man in Las Vegas who caused the divorce due to an affair with the wife. Anybody had experience with this or know of anyone who does? |
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Ive read on it some and in most cases its hard to create a case on it since many couples have big issues prior to the divorce that take some of the burden off the affair.
In my case though it was no warnings or smoking guns. Just ohh hey I like this guy more and he has been contacting me and I finally gave in. How does one calculate the amount the lawsuit should be? |
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We've had a few down here. The firm I was with defended one (and lost). I had a client that wanted me to file for her, but she decided in the end it wasn't worth it (ex husbands mistress had NO money, so it's not worth it $$$-wise)
damage model is not really the hardest thing to come up with. there are multiple factors that would go into determining the amount of money. You have to look at income, loss of that income, what the alienation was (how bad, how the relationship was prior to the interference, etc...) |
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Quoted:
Ive read on it some and in most cases its hard to create a case on it since many couples have big issues prior to the divorce that take some of the burden off the affair. In my case though it was no warnings or smoking guns. Just ohh hey I like this guy more and he has been contacting me and I finally gave in. How does one calculate the amount the lawsuit should be? The first questions should be "what are the elements," and "can I prove this," not "how much money can I get." |
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Just as a brief run down
Together 9 years solid and married 2. Viewed by friends coworkers and families as perfect. Did everything together and rarely if ever fought in public or private. Have a new house new cars and took trips. Meaningful heartfelt cards and notes up to physical affair start. What could easily be described as the perfect marriage and everyone we know described us as the perfect couple. Was the most ridiculous 180 I've ever seen all hinged on events with this guy. Then the start of it and everything went upside down. Was told she was unhappy but later was told It wAs this guy and exactly one month after initially finding out we had filed for divorce by her request. She moved out one week after telling me. This whole process was done about as fast as possible. Was told by her this guy had contacted her and pursued her to which she finally started pursuing him. Everything coming apart is literally because of him. They have seen each other the whole time though me finding out to the divorce filing and during the 60 wait period. Went on a trip together and have been seen by friends and family various places. Guy is a 3rd gen farmer so I don't doubt he has assets |
| I say go for it. I have no patience for people who damage someone else's relationship. Marriages are one of those things that I really think need to be shown respect. Sure, I'm old fashioned, and maybe out of date, but you just might get a bunch of people who think like I do on your jury. |