Should a cheating spouse be sued for breach of contract?

[PHILR]

heres the reasoning for the question

a marriage lic. is a local document general of a city or town located in a county where individuals got married at.

it is a legal document in the state in which that marriage lic was issued .

even though one was married in cleveland ,ohio they can go to portsmouth ,ohio and that doc is reconized as being legal

same couple could move to alaska yet that lic. doc is without any objections or restraints reconized as a legal doc.

this same couple could go to any country in this world and it still be a legal anbd binding marriage lic. (meaning that you wouldn't have to be remarried in that country tobe considered legal couple)

ok what have we learned that not only a local legal doc. its a state doc also not only that because you can go to any state in the usa and it becomes a federal reconized doc as well , lastly any where in the world said doc is now a global legal doc.

for those that don't know what many marriage vows have in them they should look them up especially if any kind of church type wedding which represents a good 60 to 70% of most all

weddings

so my question is should or could a cheating spouse that breaks the wedding vows be sued for breach of contract?

this question I know will raise a lot of additional questions and opinions so isn't this why this site exists. I hope to stimulate some

to respond either side also please be specific in replies also no lame responses would be appreciated

YES A CHEATING SPOUSE SHOULD BE SUED

NO A CHEATING SPOUSE SHOULDN'T BE SUED

I DON'T KNOW I'M CLUELESS ON THIS ONE

I DIDN'T KNOW A MARRIAGE LIC WAS THAT POWERFUL

I KEW IT BUT JUST DON'T CARE

Updates

+1 y

thanks to all who have resonded so far I really appreciate even the responses so far I may make comments from time to time to fan the banter so don't take itas being a personal attack on anyone.

also I'll be posting a generalized wedding vow here so as their will be no disputes as to what is in one.


also at one time or another I know you've all heard of a prenup contract which are additional clauses added to the wedding vows which be the way are also binding legal contracts and legal also

Updates

+1 y

Baptist Vow

"Will you, __, have __ to be your wife/husband? Will you love her/him, comfort and keep her/him, and forsaking all other remain true to him/her as long as you both shall live?"


"I, __, take thee ___, to be my wife/husband, and before God and these witnesses I promise to be a faithful and true wife/husband."


"With this ring I thee wed, and all my worldly goods I thee endow. In sickness and in health, in poverty or in wealth, 'til death do us part."

Updates

+1 y

to: Not_Until_Tuesday from philr check out the babtist marriage vow. see the part that says I promise to be faithful and true and forsaking all others that sounds like exclusivness to me how about you. when one cheats they break that clause which I say and is a world wide contract,as well as local contract as well

Updates

+1 y

to urmama from philr : just out of curousity are you like a prelaw student or legal aid or lawyer by chance. you seem to have a good grasp on the legal language

Updates

+1 y

to urmama from philr : I also realize that men cheat to in marriages LOL did you see the program on TV were married women brought boyfriend home kick hubby out and confessed she could puke at him on live TV maury program stuff like that that gets my dander up LOL

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[urmama]

lol.

You can sue for "Breach of Contract" but you won't get far. The other spouse may state "rescission of contract due to nonperformance" and that would be the end of that.

"Alienation of affection laws" that's where you can win. This allows a wife to sue her husband’s mistress.

“Alienation of affection" laws allows a betrayed wife to sue her husband’s mistress for “willful and malicious interference” in the couple’s marriage.

[PHILR]

WHAT IF THE SITUATION IS REVERSED. ALSO WHAT IF ONE OR THE OTHER SPOUSE IS FOUND TO BE CHEATING (ADULTERY)

[PHILR]

show me in the marriage vows were it says may be recended if spouse of nonperformance but does say (in sickness and health poverty or wealth remaining faithful and true ,will love comfort and keep them forsaking all others past and present till one of them dies.) in essence this is what it says. it covers all bases I realize a marriage contract or vows are not a business yet maybe they should be it might elimenate many divorces for such things as "he's boring and doesn't take me out anymore

[urmama]

Matthew 5:31-32

31 “It has been said, ‘Anyone who divorces his wife must give her a certificate of divorce.’[f] 32 But I tell you that anyone who divorces his wife, except for sexual immorality, makes her the victim of adultery, and anyone who marries a divorced woman commits adultery.

Sexual immorality aka ADULTERY ... I understand this is not in the vows. And most people now and days have no faith or very little. but Marriage should not be looked at as a piece of paper.

[urmama]

By sueing your spouse for "breach of contract" you will be ending the Marriage. Yet if you sue the Other women. This just might scare her away and you might have a chance of saving your marriage.

[urmama]

Hence, keeping to your vows.

[PHILR]

1 corin.7:10-15 but showing verse 15 here:

MLB 1 Corinthians 7:15 In case the unbeliever wants to separate, let there be separation; the brother or the sister is under such circumstances not tied down. But God has called you to enjoy peace.

only time that a woman(or man)canot be called an adulterer

[PHILR]

good thought except for the scripture math 5 you show except for sexual imorality(adultery=cheating)marriage vows say promising before God and these witnesses I promise to be a faithful and true wife/husband." one cannot be a faithful and true if one is cheating breaking vows

[urmama]

Yes, but in Corinthians it a separation for prayer read all of it. Going back to your question of a "cheating spouse" and Matthew just showed you "EXCEPT FOR SEXUAL IMMORALITY" aka ADULTERY a separation will be allowed.

To answer your question: NO, I don't think you should Sue your spouse but by all means go after the MISTRESS. I believe that 99% of cases the Mistress knows they are dealing with a married men. I do believe in saving your MARRIAGE at all cost. Forgiveness is what we were

[urmama]

taught.

[PHILR]

LOL, at present your my only girl(yeah I know your true age I peeked LOL) I'm 64 and taught too but not law. more you industrial type hivac and machinery repair on a college level. my students were graduating with Bachelor of science degrees. but had business law in high school. I like your responses even if from a womans perspective

[PHILR]

i'm actually a lic.minister as well and was a Sunday school super. for 3 years in one of the churches I attended sometime back. in some ways I think we are agreeing but seeing things from different perspectives. my aim with this question isn't what you might think it seems as of late ?(excuse me for sayingthis but) more women are using the law for their benifit to the point they think they can cheat in the marriage and then claim something insignificant as not paying me enough attention excuse

[urmama]

Philr: No not at all, I taught some bible classes and similar questions were asked. So, I did some research on it.

Wedding Vows are a Sacred Promise. Should one break there promise one should repent. If you repent you are forgiven. But if you do not repent then you can NOT be forgiven. Oh I can go on and on so I'll just end it here.

[PHILR]

urmama: thank you for your input

[thetheme]

Yes! Cheating spouses should be sued. I also think that a marriage licence should expire, it's the only licence that doesn't expire. In a divorce no matter what the conditions are, the man has everything to lose. Even if a man catches his wife riding someone else in their bed, in mid thrust she can say she wants a divorce and the man is still entitled to pay. Most marriaged are safety nets for women, not really about "love".

The main problem with this thought is it wouldn't work for men. Women can say a lot in court even when she cheats and still get away with it. "He was never home always working", my needs weren't met", and so on. Then there is the subject of "accustomed living" which is garbage.

I also think that DNA testing should be done at every birth of a child..

[PHILR]

here's the thing a marriage lic is a universal contract that has clauses in it just as a partner ship contract might have worded diferently but still a valid contract which both acceopted as agreeable up on signing that marriage lic.

in a busniess contractif a partnerdefaults in his part of the contract he can legally be helded accountable for that default.

whats the difference ones a marriage contract ones a business but both legal contracts with specific statements whars acceptable what's not

[PHILR]

IN MANY WAYS I AGREE , however did the marriage vow she agreed to and signed as a marriage lic. say well I could get out if he wasn't meeting my sexual needs or he was never home always working . read the update babtist marriage vow and let me know what you think. in addition the marriage lic. is one of very few legal papers accepted as global legal anywhere in the world.

[bhardn4]

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[Joe814]

I think so, I think it should be more of a penalty but, how can most of the evidence stand up as substantial? I think it would be tough and the loophole would be the vows being the unwritten contract, a little harder when the defendant's attorney can say; he / she did not completely understand. Great idea though.

[PHILR]

did you know in some states if a guy just promises (word of mouth nothing written down ) that the women in those states can sue for breach of contract on failure to marry them and win

[Joe814]

Speaking of Ohio, it is considered one of the "guinny -pig states" where new legislation and influence is being started. Don't ask me where I researched that, I forgot after I found this truth. Divorce will probably be a bigger business if it were not for a failing economic effort. Which is what we are seeing. Lawyers could take their work to a higher level with this in action.

[AltTech]

I'm not sure that would be as realistic as it sounds. There would have to be proof, so physical and circumstantial evidence would have to be collected. And if the threat of a lawsuit was present, I doubt anybody would ever come clean about it again to their spouse.

[PHILR]

i'm talking about something that like person walks in on spouse type thing and believe it or not were a women on a TV show comes on to tell her husband she's been cheating on him . marriage 10 yrs. been cheating 2 months boyfriend come in with his wife and kicks the husband out of the house . they have 2 kids the married couple is white . the wife has been cheating with a black man that has a reall cocky atitude. the husband is in my opinion considered to be nice guy acts like one. all cabel tv

[Anonymous]

If one is to treat like a cold business agreement, then it depends on whether sexual exclusivity was actually a clause in the contract or explicitly implied by statute in the jurisdiction that the contract was executed in.

[PHILR]

LOL in a marriage yes it generally is established by the oaths taken by both to be exclusive . repeat if your not sure what a christian or a religious marriage vows include then look it up . your batting at air here

[Opinion Owner]

Not batting at the air. In the state I live in, plenty of people don't have the church involved in their wedding. Plus, the oaths are symbolic for what's in the contract or statute. And what if the marriage agreement is explicitly for an open marriage?

[PHILR]

then it would only apply to that one marriage only and would be agreed to by both parties of said union. also many of the secular vows are very similiar to the babtist vow . maybe more wordy or differing words but basically the same

[Opinion Owner]

responding to your Q update: Show me a court case where the court has explicitly referred to the church vows as the specific contractual terms being enforced. Everything I've seen for this reason of a divorce has been based on state statute regarding adultery.

[PHILR]

THIS IS MY POINT MAYBE THE COURTS SHOULD LOOK INTO THIS POINT OF LAW .

WE HAVE MANY THAT USE THE LAW AS TO BENIFIT THEMSELVES EVEN THOUGH THEY WERE NOT THE VICTIMS .BUT THE PERPETRATORS OF DECEPTION AND BETRAYAL WHILE IN A MARRIED STATE SPECIFIED AS IN THE MARRIAGE VOW WHICH HAS BEEN BROKEN.

[Opinion Owner]

You went AOLer on me. If you want that in your marriage contract, and it's not already established in statute in your state, then negotiate the specific agreement and terms into a pre-nuptual contract. Such a contract has established legal standing.

[PHILR]

my point being here is that in general and in almost all instances of this kind of cases the wedding vows as a contract are never honored or looked upon as a legal grounds for for allowing this action yet is honored world wide as a legal doc to proclaim couple as married anywhere in the world. yet if found breaking those vows these vows aren't considered to mean anything in a divorce case involving adultery?(cheating)they diodn'y give enough attention so my reason to cheat and take to cleaners

[Opinion Owner]

Might as well get the US courts to enforce Sharia law while they're at it, for divorces of Muslims.

[Crapulux]

Okay, but then if you do a threesome, do you have to do it with both lawyers present?

[DebiPie]

I know I sure wanted to.

[PHILR]

to debipie from philr : what happened to make you say this if you don't mind sharing