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Suing husband's mistress
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#1 Posted : Tuesday, June 22, 2010 2:23:10 PM(UTC)
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Found out my husband has been cheating on me with my friend & she is now pregnant with his child.
What rights do I have if I want to sue her for emotional abuse?
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#2 Posted : Tuesday, June 22, 2010 3:41:22 PM(UTC)
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In terms of South African Law none, however look to your prenup if you have one alternatively file for divorce and get maintenance.
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#4 Posted : Tuesday, June 22, 2010 3:44:12 PM(UTC)
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its called allianation of affection, go for it. more people need to do this. it may make them think twice and keep their legs closed
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#7 Posted : Tuesday, June 22, 2010 3:48:13 PM(UTC)
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You can sue the person having an affair with your spouse, but you can’t stop them! And your only recourse against your spouse is to sue for divorce.

There are two grounds on which to sue them -

‘Adultery’, which is the act of having sex with a married person.

‘Alienation of affection’ or ‘Enticement’ means paying attention to the spouse of another person, with the intention of drawing that person away from his or her marriage

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#8 Posted : Tuesday, June 22, 2010 3:51:35 PM(UTC)
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do the same thing back to him and make sure he finds out :) pay back is the best medicine, i can help out if you wish
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#9 Posted : Tuesday, June 22, 2010 3:52:10 PM(UTC)
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You know you take her to the cleaners and you make her pay for emotional abuse....

As alot of these women get away with it and it must come to a stop!!!!
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#10 Posted : Tuesday, June 22, 2010 3:55:58 PM(UTC)
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as far as i know you CAN sue, it's not al;ways successful but it's worth a try.
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#11 Posted : Tuesday, June 22, 2010 3:56:07 PM(UTC)
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You trusted your friend and she turns tricks with your husband. I say if you can get suing her for alienation of affection, take her for all she's got and let her work for you for the rest of her natural life. What a skank she is, but let me tell you watch the tables turn on the two of them. If he could cheat on you with your best friend, she could cheat on him with his best friend. Watch this space.
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#12 Posted : Tuesday, June 22, 2010 3:57:29 PM(UTC)
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i know you are hurting very much right now. the best thing you can do is walk away and start to rebuild your life. You will be dragging your emotional distress on for longer. Goood luck
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#14 Posted : Tuesday, June 22, 2010 3:58:49 PM(UTC)
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lose some weight so he doesnt cheat in the first place
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#20 Posted : Tuesday, June 22, 2010 4:02:31 PM(UTC)
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Why sue the mistress. You are married to your husband and he had an affair. The mistress has no relationship to you what so ever. So punish the guilty instead of making excuses for your philandering husband
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#21 Posted : Tuesday, June 22, 2010 4:13:25 PM(UTC)
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going for the mistress is so wrong. Your hubby was a willing participant. He was not forced into doing anything. He actually enjoyed himself so much that he impregnated her. Look deep into yourself. What have you done to push your husband to your own friend?
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#25 Posted : Tuesday, June 22, 2010 4:15:24 PM(UTC)
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Adultery’, which is the act of having sex with a married person.

‘Alienation of affection’ or ‘Enticement’ means paying attention to the spouse of another person, with the intention of drawing that person away from his or her marriage

The above are grounds upon which one can rely on to obtain an order from the high court granting a divorce. You cannot successfully sue the third party for non-patrimonial damages, damages which are not physical, in terms of South African law as the apportionment of damages would be impossible. In other words it is impossible for the court to say that the third party is more to blame or to blame at all than your soon to be ex-husband.

You can get higher amount of maintenance though on these grounds.
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#26 Posted : Tuesday, June 22, 2010 4:16:02 PM(UTC)
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The best revenge is letting her keep him. Trust me.
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#28 Posted : Tuesday, June 22, 2010 4:19:35 PM(UTC)
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Been there and did nothing.....!! It’s the worst feeling and very humiliating..

1. Sue him for a divorce and make sure he pays the maximum with maintenance.. in other words the life you were accustomed to while you were with him and that you were to loose if on your own supporting yourself..

2. Sue her for enticement AND alienation from your husband

That ought to shut them both up...

Do it !!! you will feel better for it, otherwise you will always look over your shoulder as the one who was easy to get rid of while they enjoy the benefit of everything..
Speak to the hand
I agree men and woman like that MUST be taught a lesson.. it won’t last this relationship of theirs, but at least they will both think twice before doing it again..
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#29 Posted : Tuesday, June 22, 2010 4:20:14 PM(UTC)
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I agree, your husband is the married one here, he is not a victim or clueless on what he was doing. he should have thought of his family and the vows he took before getting invloved with your friend. you should distance yourself from both of them, they both dont deserve you, distance yourself from both of them.

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#30 Posted : Tuesday, June 22, 2010 4:21:49 PM(UTC)
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Just let it go! Move on with your life!!! You'll be lucky to get the legal fees back!! BE A WOMAN!
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#31 Posted : Tuesday, June 22, 2010 4:25:53 PM(UTC)
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I fully understand how deeply hurt you are by the two people closest to you. What I don't understand is everyone's fixation on the other woman. Did she hold a gun to your husband's head or force him to cheat in any way? Let's face it, it's your husband's responsibillity to remember he's married and to uphold the promises he made you. No-one else's. File for divorce and walk away with your dignity in tact. Don't bring yourself down to their level for payback which is going to take a huge emotional toll from you and rarely works out in the wife's favour. They will end up blaming you for the divide between you and your husband which led him to have the affair and the first place. If you're unable to prove your inocence plus willfull intent on her side you may even end up paying damages to her.
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#32 Posted : Tuesday, June 22, 2010 4:31:25 PM(UTC)
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Just walk away with your head held high. The emotions of going through court cases and trying to get what you want is not worth it - he/she is not worth it. Their day will come.
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#33 Posted : Tuesday, June 22, 2010 4:33:47 PM(UTC)
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U ha him firs and did not keep him happy. Your loss her gain!
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