Legal Question in Sexual Harassment in Indiana
Divorce loss recovery.
Can I sue for sexual harassment as a third party. After 20 years of marriage my wife has filed a motion for divorce. Her new man is her boss which appears, that a relationship has been going on for a long time (special favors and assignments). My state has no remedy for recovering loses due to this divorce action i.e. (alienation of affection).Do I have a case. Thank you
1 Answer from Attorneys
Re: Divorce loss recovery.
There are some such grounds in old common law for going
after the man who steals your wife (instead of just the
ex-wife). I can't recall the name of the claim used,
but I also believe there have been some more recent cases
in that area that have revived the claim somewhat. There
is certainly an analogy where marriage is a contract and a
third party seducing your wife would be literally 3rd party
contract interference, but I think there's one more specific
to your situation.
However, I have a feeling that in this day of free will and
with the doors to marriage so easily opened and closed in the
law, your case will somehow be seen as 'sour grapes' or an
attempt to get revenge on your wife, and you'll feel further
humiliation as it is pointed out that you were the one left
behind, etc. I just think it's a hard claim to win, generally.
The fact that he had power over your wife adds a little help to
your side, that she was just a pawn without free will and that
the relationship was HIS doing, not hers.
I'm sorry it happened; good luck. Speak to another attorney
before you either give up or decide to go forward against this
man, please, because I'm not expert in IN law nor in family law
and you shouldn't rely upon my say-so on anything like this!
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.