Legal Question in Civil Litigation in Massachusetts
Civil Action?
Can I file a a lawsuit against a woman that my husband left me and our four children for. She knew he was married - and I would like to bring a civil action against her for my children losing their dad and loss of consortium for them and me.
2 Answers from Attorneys
Re: Civil Action?
No.
The action has been removed, as I recall, for about 20 years.
As a matter of action, what ever this woman did, your husband was a competent, willing and adult.
Should you have any questions, contact me.
Re: Civil Action?
I have not researched the current state of the law on this issue, but would be happy to do so. There once was a viable cause of action for such matters. However, the current societal and judicial attitudes do not reflect strong support for such suits, and they are "an uphill battle."
You need to look at "stage two" while considering "stage one." Stage two is: assuming that the cause of action still exists, what will the defendant be able to pay you if you win? If she does not have sufficient assets to compensate you for the financial damage to you as a spouse, any victory will be in words only.
If you wish further consultation, please feel free to contact me. My web address is www.gregleelaw.com.
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