Unlike other states such as North Carolina, California does not have have recourse for a person who wishes to sue someone for cheating on their spouse. In fact, California is a no-fault divorce state and any party can file an action for dissolution of marriage for any reason.
Last week, the news media broke the news that former American Idol winner, Fantasia Barino, had an alleged affair with a purported married man, Antwuan Cook. Now, reports state that Antwuan’s wife, Paula Cook, is likely going to file an action for alienation of affection against Fantasia in North Carolina. The law, which exists in seven states and allows a party to sue a “home wrecker” for alienation of affection. Historically, these laws arise from the old times when women were treated as the property of their men. Luckily for California, we do not recognize such laws.
Like in any divorce proceeding, Paula Cook’s lawsuit will rely heavily on when she and her husband separated. The date of separation could be the determining factor on whether her lawsuit will pass muster.