Adultery is grounds for divorce in Canada, but apparently in North Carolina, the victim can sue — for upwards of US$750,000.
Kevin Howard did just that. According to court documents, he successfully sued his ex-wife’s secret lover using the “homewrecker” laws.
Per the McIlveen Family Law Firm, “a person has the right to bring a lawsuit against their spouse’s paramour or other third parties who maliciously meddle in the marriage.”
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This is also known as “alienation of affection,” a set of laws that only exists in a small number of states across the U.S.
Speaking to CNN, Howard says that he and his wife were married for over a decade. When they ran into marital problems, they went to marriage counselling in attempt to rectify them.
But something felt wrong, he remembered. He hired a private investigator and discovered that his wife was cheating.
“He was a colleague of hers from work,” Howard told the publication. “He ate dinner with us several times, we spent time together … I thought this was a friend.”
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“I believe in the sanctity of marriage,” he continued. “Other families should see what the consequences are to not only breaking the vow to whatever religion you subscribe to, but also your legal responsibilities.”
Up until two decades ago, suing a cheating spouse or their lover was completely legal in Canada. Instead of being called “alienation of affection,” it was misleadingly known as “criminal conversation.”
Essentially, the legal definition was “defilement of the marriage bed,” or adultery in modern terms.
But the 1970s feminist movement and provincial law reform changed that, abolishing the right to sue for these reasons.
In the U.S., however, these kinds of cases are relatively common.
Howard’s attorney Cynthia Mills told CNN that she’s dealt with at least 30 “alienation of affections” cases during her 31-year career.
In order to win, Mills explained, the victim has to prove that the couple was happy prior to the affair and that a paramour came between them.
It must ultimately be proven that the third party caused the collapse of their marriage.
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