There are a number (more than 15, IIRC) of states that allow this type of alienation of affection civil suit. But you have to be injured, as in, divorced. And of course, you have to demonstrate that another man or church leader led your wife to divorce you, without good cause. This would mean they led her (or him) to violate a legally binding contract, and thus can be subject of a civil suit, with damages awarded.
Hawaii is one such state. And if my DW had left me over the advice given by lds leaders, I would have had no problem suing for damages.
Could I get more information? See my entry "Please Leave me" by CommonGround. Posted February 13, 2012 03:34AM I just got leagally divorced today and am officially single. I could really use the info. Is there anyone I can contact to know how to go about such an action. Is there a lawyer/attourney that can be used as a reference/consultation?
Edited 2 time(s). Last edit at 02/15/2012 06:32PM by commonbackground.
it would most likely be regarded as heresay evidence, i.e. you alleging that a bishop alienated your spouse and he denying it to the bitter end. Plus, TSCC records would be easily altered to remove any damning evidence. TSCC has a large legal team full of crafty lawyers. Unless your an attorney, the risk/cost of losing would be to substantial, as they would strategiclly drag it on for years probably.
I agree. The civil law is designed to address adulterous spouses and their partners, not churches. If you can demonstrate in court that a man seduced your wife or a woman your husband, and that this led to separation and divorce, you can win civil damages.
It would be tough as hell to prove, and all the church would have to do is have the bishop lie under oath that he did not advise your spouse to divorce you because of your leaving the church, but because he had been advised that you were emotionally abusive or some other such thing. He would probably rationalize it as you being "spiritually abusive" which is the new Mormon buzz word for non-TBM spouses, and would figure it was close to the same thing, and so not really a lie.
Hint, people lie in court. The more they have to loose, the more they will lie.
I don't know if it is widespread, but I heard it a bunch of times shortly before leaving the church, in reference to the "hardships" members "suffer" with non-TBM spouses. I have heard it a couple of times in CES classes and in sacrament meeting. Helen help me if I am giving in lurkers a new way to make rational peoples lives hell.
You've observed something interesting here either way, and just the idea that there are mentions at church of such "'hardships' members 'suffer' with non-TBM spouses" makes me steaming mad. When I think of the hell I've gone through, the isolation, fear, panic, etc., from leaving the church, and my family still being captivated by it, I just want to scream. That there are church members who are actually conscious in this way of non-TBM spouses.... I can't even discuss spiritual matters with my family members and somehow *I'm* the abusive one?!
I think from the TBM point of view, my simply being in my home, exercising my own agency from the church's control and "counsel"--that I'm not supporting my DW in raising well brainwashed LDS kids--that makes me a hindrance to the "building up of the church."
Great. I'm abusive simply for exercising my agency, my rights as an American citizen. And I can't even explicitly and directly guide my family away from the church.
Talk about frustration. If that isn't the LDS church getting in the way of familial and marital affection, I don't know what is. I seriously believe that some well wrought amicus briefs would disclose to any reasonable person that what the LDS church does is along the lines of alienation of affection, interfering with religious freedom.
Edited 2 time(s). Last edit at 02/20/2012 11:53PM by derrida.