Remember when Fantasia was accused of being a “home wrecking ho” (not my words, but her accuser’s)? Her then boyfriend’s wife, Paula Cook, attempted to sue her for carrying on an adulterous affair with her husband Antwaun Cook, before they were separated. See, in North Carolina there’s alienation of affection or criminal conversation lawsuits, which allows a spouse to sue their lover. Back then, Paula’s claims were that they weren’t separated before Antwaun started sexing Fanny, so she decided to sue. Unfortunately, Paula Cook lost her lawsuit. Apparently Antwaun was telling the truth about his separation date. The court ruled that the actual date was was Sept. 14, 2009 and not June 2010, as Paula had claimed.
Fantasia isn’t the only person who’s being sued for such activities. Over the past couple of years, particularly in North Carolina there has been a rise in these cases. More than likely because of a $9 million award entered in Guilford County against Anne Lundquist, a woman who had an affair with Allan Shackelford, the husband of Cynthia Shackelford.
I’m never one to call someone a “homewrecker”, be it a man or woman, but people need to be aware of the laws of the states they live in, before they decide to do the sexy all over someone else’s spouse. Besides North Carolina, Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah are the only other states that still open the door for “homewrecker” to be slapped with a lawsuit.
Now don’t think you can go out and willy nilly sue the boyfriend or girlfriend of your spouse. In order to prove alienation of affection, there are a few elements that have to be present first. You have to prove that you and your spouse were happily married and had genuine love and affection for each other. This is where all of those love-dovey Facebook status updates could come into play. Screenshots. You also have to prove that the defendant destroyed and alienated the love and affection of your marriage, and that it was the defendant’s conduct that caused the destruction of love and affection. On the other hand, criminal conversation is a lot easier to prove. The only thing need is to prove that you were married and not separated and the defendant had sex with your spouse. In my opinion, it takes two to tango. While you’re suing the paramour, go ahead, divorce the spouse and make them joint defendants. Pretty simple concept, if you ask me.
Would you sue the person your spouse was having an affair with?