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Chatter08
02-03-2006, 11:16 AM
What is the limition and laws of filing a suit against the person who commited adultry with a married person in North Dakota

pty
02-03-2006, 12:07 PM
There are only a few states that still allow lawsuits for alienation of affection/criminal conversation, and I don't believe that ND allows it.

thunderstorm08
02-03-2006, 12:50 PM
I know ND has it, I just read a case that just ended in another town in this state where the wife filed charges against the women that was sleeping with her husband, but there is a year limitation of that and it cannot be reported during a divorce proceeding. While I was waiting for a response I found that I can sue the other woman and I fit all the requirments but it didnt state the limitations that I am allowed to sue.

pty
02-03-2006, 01:01 PM
I know ND has it, I just read a case that just ended in another town in this state where the wife filed charges against the women that was sleeping with her husband, but there is a year limitation of that and it cannot be reported during a divorce proceeding. While I was waiting for a response I found that I can sue the other woman and I fit all the requirments but it didnt state the limitations that I am allowed to sue.

Really? I certainly could be wrong. Do you have a link or case name or something?

thunderstorm08
02-03-2006, 01:48 PM
Here is a link that came from Fargo ND newspaper I think.... if you look half way down you will find where it says
To file a charge of adultery, state law requires a spouse to file a complaint within one year of the act. The law grants immunity to people who disclose affairs during divorce or separation proceedings....

http://www.sodomylaws.org/usa/north_dakota/ndnews001.htm

So that makes me think since this happened not that long ago that it can still be done.....

want I am really wanting to know is about sueing in a civil case the other women.....

I found this other site but dont know exactly where this site is located and if it means ND too but explains about a wife being able to sue the other women. Even tho the hubby is just a guily so is the other women cause she could of said no too..... that is listed way down that page and it says that she can be held reliable for her action in the part.

http://www.law.harvard.edu/programs/olin_center/papers/pdf/322.pdf

please let me know what you think

pty
02-03-2006, 02:48 PM
That was a very interesting read, so thanks for sharing the link. However, this is a case of the state filing charges against the married man for adultery, that's a totally different thing than the woman he had an affair with facing charges.

I searched the ND Code and found this:

14-02-06. Offenses against personal relation. All civil claims for relief for breach of promise to marry, alienation of affection, criminal conversation, and seduction are abolished. A claim for relief brought before July 1, 1983, under this section, is valid until final judgment is rendered.

You can't sue her.

ceara
02-03-2006, 10:04 PM
I'm guessing that you are the same person that post the exact same question on another board. The answer here, is the same as the ones given there. It's not gonna happen. If you really believe that you a right about the law, feel free to ignore every bit of advice that you have gotten, hire an attorney and go to court. After you have spent thousands upon thousands of dollars on lawyers and court costs, you will hear the same thing from the judge. Only they will not be nearly as nice since you are wasting valuable court time attempting to place blame, that you should be directing at your cheating spouse, on a person with absolutely no commitment to you at all.

I will be happy to give you a referal to one of several lawyer with very expensive vacation properties that will be more than happy to assist with your case.

ceara
02-03-2006, 10:10 PM
I suggest you reread the article you posted also. There is a very big difference between being CHARGED with a crime and being PROCECUTED. If you research the case a little deeper you will find that the man will likely end up being charged with statutory rape and the adultry charge will be dropped. It happened to be a way for the DA to go ahead and charge this man with a felony in order to keep him in the jurisdiction while more evidence was gathered to support the other charges. The last time a person was charge with adultry was 1925. That alone should have told you something.

As far as filing a civil lawsuit, see the above post for my advice.

lostinthedark
02-04-2006, 10:55 AM
Hi, I'm from CA and pregnant. I separated from my husband since october but we are not legally separated or even divorce. But i just want to know what are the grounds of committing or what are the examples of someone committing adultery. He is living in WA, thats where from i moved there after getting married but originally from CA please help thanks

ceara
02-04-2006, 01:49 PM
Hi, I'm from CA and pregnant. I separated from my husband since october but we are not legally separated or even divorce. But i just want to know what are the grounds of committing or what are the examples of someone committing adultery. He is living in WA, thats where from i moved there after getting married but originally from CA please help thanks

First, you should start your own thread for this so that you will get more responses. Second, outside of the military, adultry hasn't been used as a crime with any regularity since WWII.

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