Marriage interferrence?

[kld2328]

Can I sue my daycare provider for unethical business practices when she pursued and is engaging in an affair with my husband? She knew we were having difficulties. My husband walked out on me a year ago (we are not legally seperated) after I was suffering from post-partum depression which turned into depression that lasted about 5 years before I realized what was going on. Is there such thing as marriage interferrence?

 

[army judge]

Can I sue my daycare provider for unethical business practices when she pursued and is engaging in an affair with my husband? She knew we were having difficulties. My husband walked out on me a year ago (we are not legally seperated) after I was suffering from post-partum depression which turned into depression that lasted about 5 years before I realized what was going on. Is there such thing as marriage interferrence?

What you're referring to is commonly called alienation of affections or tortious interference with a marriage.

Such suits have been litigated with some success in New York state.

The law on that tort is very old, derived of English common law and practice.

If I recall correctly, North Carolina (could be South Carolina) still maintains statutes pursuant to such a tort.

The problem with this tort (as some states see it) is that the marital contract is between you and your hubby, not with some hussy.

It is the hubby that owes you the contractual duty of fidelity, not the hussy. If you have a case, it is more against the hubby than the hussy! Hence, your remedy lies in divorce court, not civil court.

I suggest you speak to a couple of local NJ lawyers and ask them the question.
More than likely you can get a yes or a no over the phone, avoiding a trip (and further conversations) if its a no!

 

[irish223]

OP is in New Jersey, not New York. New Jersey does not recognize alienation of affection.

As far as suing for unethical business practices, I doubt it. You could try reporting her to the New Jersey licensing authority based on the information below, but IMO it won't go anywhere.

http://www.daycare.com/newjersey/new_jersey_daycare_center_licensing_standards.html
6. Any activity, policy or staff conduct that adversely affects or presents a serious hazard to the education, health, safety, well-being or development of a child attending a center, or that otherwise demonstrates unfitness by a sponsor or staff member(s) to operate a center;

 

[lonelyinny]

north carolina

What you're referring to is commonly called alienation of affections or tortious interference with a marriage.

Such suits have been litigated with some success in New York state.

The law on that tort is very old, derived of English common law and practice.

If I recall correctly, North Carolina (could be South Carolina) still maintains statutes pursuant to such a tort.

The problem with this tort (as some states see it) is that the marital contract is between you and your hubby, not with some hussy.

It is the hubby that owes you the contractual duty of fidelity, not the hussy. If you have a case, it is more against the hubby than the hussy! Hence, your remedy lies in divorce court, not civil court.

I suggest you speak to a couple of local NJ lawyers and ask them the question.
More than likely you can get a yes or a no over the phone, avoiding a trip (and further conversations) if its a no!

its north carolina. a woman there sued her husbands mistress for breaking up her marriage and was awarded a million dollars. doesnt pay to mess with someone else's spouse there.