Man divorces and successfully sues wife for birthing an ugly child

[VIETgrlTerifa]

And you would be wrong.

I didn't say someone can successfully sue someone in the U.S., only that I wouldn't be surprised if a lawyer came up with an argument that was successful somewhere in some jurisdiction. There's a difference there.

I actually became really curious about whether there could be arguments made on his behalf in the U.S. so I did some research. Of course, I couldn't find any case that matched up completely to the facts of the Chinese couple, but here is what I did find.

In the case Di Lorenzo v. Di Lorenzo, the court held that:

One of those causes is stated to be when "the consent of one of the parties was obtained by force, duress, or fraud;" and the only limitation imposed, where the action is on the ground of fraud, is that it must appear that the parties have not, at any time before the commencement of the action, "voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud." (Code of Civ. Pro. §§ 1743, subdiv. 4, and 1750.) This language is broad and warrants but the one reasonable construction, that the fraud must be material, to that degree that, had it not been practiced, the party deceived would not have consented to the marriage . . . It is a general rule that every misrepresentation of a material fact, made with the intention to induce another to enter into an agreement and without which he would not have done so, justifies the court in vacating the agreement. It is obvious that no one would obligate himself by a contract, if he knew that a material representation, entering into the reason for his consent, was untrue. There is no valid reason for excepting the marriage contract from the general rule.

So, if the man would not have consented to the marriage had he known the extent of cosmetic surgery his wife had undergone, then maybe he could argue that this was a misrepresentation on her part.

Of course, Di Lorenzo dealt with a woman pretending to be carrying the child of the husband and he later realized the baby wasn't his, so that's a lot more understandable.

In Williams v. Williams:

Marriage being a mutual and voluntary compact, based on mutual regard and affection, to live together as husband and wife as long as both shall live, a confidential relationship exists between those contemplating marriage that demands frankness and truthfulness as to all facts that would affect the decision of either party. Persons who have agreed to marry owe an affirmative duty to inform each other of all facts material to their contemplated marriage, not alone because such facts may affect the decision of the contracting parties, but the state and community has an interest by reason of the property rights involved and the possible issue of the union. And if either party is unfitted by age, physical condition, mental incapacity, or legal disability from being joined in lawful wedlock, that party should not remain silent; there is a clear duty to speak, as such facts are of the very essence of the contract of conjugal union. Silence implies marriageability.'A confidential relationship exists between persons who contract to marry, and, occupying such positions toward each other, concealment of material facts may be fraud. The suppression of the truth, when there is a duty to speak, is a fraud. Smith, Frauds, § 9. There is a legal and moral obligation to communicate or disclose facts material to the contemplated marriage.

Of course, that dealt with sterility of the husband and him knowing but not disclosing that information to his wife prior to their marriage.

The real question is whether hiding one's true physical appearance and undergoing drastic change is something a partner has a duty to tell the other partner. I think it's arguable.

Now, I know there's a big difference between lying to your partner about whether he is the father of your child or being sterile but not telling your wife until after marriage and not telling your husband that you had cosmetic surgery before you got married and had a child, but the court above did say:

The fraud need not necessarily concern what is commonly called the essentials of the marriage relation -- the rights and duties connected with cohabitation and consortium attached by law to the marital status.

It's hard without knowing the facts about the nature of their relationship before the marriage. Maybe he argued that he relied on the fact that she fit his standard of beauty in order to marry her, and she knew that beforehand and went ahead with the misrepresentation. Plus, he probably is wondering what other things she's lying about. There's certainly a breach of trust there.

She could probably argue that it wasn't in writing that she had to be whatever it is he considered beautiful naturally before he married her. She could also argue that she never promised him a "beautiful" baby whatever that means. It's also horrific public policy if he could sue because his baby wasn't beautiful enough. I think the only leg he was able to stand on was the fact she did misrepresent herself to him.

If I am totally off-base, please let me know. This was just some quick research I did.

[VIETgrlTerifa]

The latest data that I could find suggests that it isn't.

http://doelegal.blogspot.com/2011/03...us-is-not.html

That's interesting. Thanks for the link. I like that there's something that shows we Americans aren't so sue-crazy after all.

Here's an article that says the something similar with one difference:

http://www.forbes.com/sites/danielfi...hed-at-others/

Turns out the U.S. doesn't differ must from other industrialized countries when it comes to everyday litigation . . . It's the unique aspects of U.S. law - specifically class actions and mass torts that give the entire system a bad name . . . In the typical accident or contract claim, U.S. courts do reasonably well. They may face somewhat more litigation than other rich democracies, but not much. In the second-order cases, however, the U.S. courts entertain claims that courts in other well-functioning economies would dismiss in short order. In the process, they necessarily create a drag on American business.

Here's the study that the above article talks about.

Here's a legal blog that explains why Americans seem to sue so often comparatively:
http://www.overtimeattorneyblog.com/...ore-litigious/

[Anita18]

Let's face it, life is a lot easier if you are part of the "good looking" set. More than once I have been pasted up at retailers by sales people for service in favour of the pretty young thing that just walked in whie I had been patiently waiting my turn. There was a case in Thailand of a model who died because of an illegal plastic surgery procedure. Just saying that is the way of the world and I can understand the pressures that would drive some people to go to such extremes.

http://asiancorrespondent.com/90308/...ty-to-die-for/

At least in the US, you have your Scarlett Johanssens and Christina Hendricks along with your Gisele Bündchens. All are considered beautiful. But in Asia, there's only ONE type - large eyes, pale skin, extremely delicate features, teeny frame. If you don't fit it, you just don't make the grade. It's a very, very restrictive mold, and it's the worst kept secret in the world that all the Korean celebrities have had extensive plastic surgery.

I've heard of women in China who can no longer eat solid food because too much bone was shaved from their jaw. And then I have to admit that the jawbone-shaving surgery would be the first thing recommended to me if I wanted to be pretty in China. (Okay, after the eyelid surgery.) But that's my father's jaw - I have my mother's face with my father's jaw! Nope, no such "charming" characteristics on anyone considered pretty in Asia.

[mkats]

Yeah, my mom always told us that:

1) No way in hell would she have ever married a man without double eyelids
2) If either my sister or I had been born without double eyelids, she would've left us at the hospital and refused to take us home.

[genegri]

This story is like BigFoot, popping up from time to time since early '00. I see that it's making the rounds again.

BTW, the original version said the woman won. But I suppose the media found that outcome not sensational enough.

[Alex Forrest]

This story is like BigFoot, popping up from time to time since early '00. I see that it's making the rounds again.

BTW, the original version said the woman won. But I suppose the media found that outcome not sensational enough.

So this story is not true? It's on many different legitimate media sources, not the Onion or the like.

It seems hard to imagine, which is why I posted it. Seriously, does anyone else think Melena Trump was probably butt ugly but had extensive plastic surgery to look like she does? I could imagine the Donald suing her for having an ugly baby if it were possible.

[DAngel]

But in Asia, there's only ONE type - large eyes, pale skin, extremely delicate features, teeny frame. If you don't fit it, you just don't make the grade. It's a very, very restrictive mold, and it's the worst kept secret in the world that all the Korean celebrities have had extensive plastic surgery.

Which part of Asia are you talking about? Are you talking about East Asia (mainly China, Japan and Korea)?

[Anita18]

Yeah, my mom always told us that:

1) No way in hell would she have ever married a man without double eyelids
2) If either my sister or I had been born without double eyelids, she would've left us at the hospital and refused to take us home.

That's....a little bit frightening.

I was born without double eyelids, but recently one eye has gained them and one eye has not. Makes putting on eyeliner evenly rather difficult.

Which part of Asia are you talking about? Are you talking about East Asia (mainly China, Japan and Korea)?

Yes. I'm Chinese myself, so I always forget about India and the SE Asian countries. My apologies! :

[DAngel]

Yes. I'm Chinese myself, so I always forget about India and the SE Asian countries. My apologies! :

Haha no problem at all

There are more varieties with the popularity of pale skin, delicate features and tiny frame in SE Asian countries, but the big eyes thing seems almost universal