In a case better suited for Judge Mathis, Paula Cook is proceeding with her civil suit against Fantasia Barrino for an antiquated legal cause of action called "Alienation of Affection" in a North Carolina court.
- Fantasia's Highly Publicized Adultery, Suicide Scandal Plays Out on VH1 Show
- Fantasia's Manager, Brian Dickens, Tells Her Side of the Story
- Fantasia Barrino Opens Up About Suicide Attempt, Goes 'Behind the Music'
In case you were too busy looking for a job to keep up with random hot ghetto mess celebrity gossip, the back story is this:
Fantasia meets Antwaun Cook in a T-Mobile store, Fantasia and Antwaun hook up, Fantasia gets sprung, Fantasia gets his name tattooed on her breast (OK, really her collarbone), turns out Antwaun is married, the wife finds out and goes the f*ck off, wife files for divorce and sues 'Tasia, 'Tasia tries to
North Carolina is one of only seven states in the United States that still allows for Alienation of Affection claims. Typically, the abandoned spouse sues the party responsible for the break up of their marriage, generally the cheating spouse's lover.
In this case, that would be Fantasia.
Historically, the Alienation of Affection law was based on the belief that a wife was the property of her husband. Therefore, when a woman was emotionally or sexually involved with another man, she was considered to have been stolen. Many divorce attorneys believe such laws should be repealed. Legal scholars believe the world has changed with women no longer being viewed as property.
But the law is alive and well in North Carolina and six other backward a** states, and Paula Cook wants her money. For her to win an Alienation of Affection claim, she must prove three things:
1) Love between the married spouses must have existed.
2) The marital love must have been alienated and destroyed.
3) The third party's conduct has to be proved to be malicious interference with the marriage relationship.
She has to prove that she and Antwaun loved each other, that the marriage has been destroyed and that Fantasia not only was the cause of the divorce, she intentionally had an affair with a married man knowing it could negatively impact his marriage. It is this third prong of the law that seems to be the point of most contention.
What did Fantasia know and when did she know it?
A defendant in an alienation claim has an absolute defense: knowledge, meaning the defendant did not know that the object of his or her affections was married.
Paula Cook argues that Fantasia knew her husband was married, and Fantasia says she had no idea. In the meantime, Fantasia offered her $100,000 to go away.
Radaronline.com is reporting that after a 12-hour mediation session, Paula said no deal and is holding out for more money.
Frankly, I think she should take it, as most women are cheated on for free.
The two are set to meet again on November 22, 2010. I hope her lawyer advises her to settle, because she could end up with a jury of other women like me -- women who think she's being greedy and ridiculous, and frankly, should go kick rocks.
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