Legal Question in Family Law in Massachusetts
Marital break down leading to divorce
A person who works with my wife (they both work for the federal government) used a predatory practice of calling my wife every 15 minutes at work, and on her commute to work and home from work and leaving voice mail messages and emails on her office phone and computer. This lead to an affair and break down of my marriage. I have 2 young sons ages 8 and 11. He is also married with 2 sons. He has caused my marriage to fail and used government resources to do this. What if any laws has he broken? What recourse do I have in both criminal and or civil court. I would believe that if my actions caused direct harm to a person or business or family, I would be held liable in court. Would this case be any different than just the statues quo divorce? Loss of consortium? Harassment laws? My wife may have allowed her coworker's behavior over 4 or more years, but I feel he is harassing me and my family through my wife. Other than a quick divorce what recourse against him and their employer (the Fedral Government) do I have in both Ma. civil and criminal courts?
2 Answers from Attorneys
Re: Marital break down leading to divorce
Many wiser people have tried to sue their spouse's lover but in Massachusetts, that claim does not work. The original cause of action would be called "alienation of affection" but it has been thrown out by statute.
The only recourse you have is through a traditional divorce. Ask for custody and support.
I know it's hard but you must let the anger go. If you don't, it will hurt you and your children.
Re: Marital break down leading to divorce
Mr. Cheong's answer is right on the money as to Massachusetts law. The courts no longer allow the type of financial punishment you now seem to desire of the pursuer. You would do far better to find an appropriate and lawful way to get a hold on your own deep hurts and anger. If you haven't already, you should engage a licensed, professional counselor and start talking it out, because duels at dawn over honor are illegal.
Further, please note that if your wife didn't complain about four years of sexual harassment to her employers, your emphasis on the workplace is entirely out of place. To the contrary, if she let it go on for four years, she found the attention flattering. --This-- is what you are angry about, at least in some degree. There was at least a small crack in your marriage already. This is also something you need to face through counseling.