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Fantasia May Be Sued for 'Stealing Husband'

8/12/2010 2:45 PM PDT BY TMZ STAFF

Fantasia Barrino is preparing for a possible legal war with the scorned wife of her married lover ... because Fantasia's attorney tells us under North Carolina's "archaic" domestic laws, "women can sue women for stealing husbands."

Fantasia Barrino Affair With Married Man

As we previously reported, the "American Idol" champ had been in a relationship with a man named Antwaun Cook -- who is still married to Paula Cook. Paula recently filed for divorce ... and in the legal papers, cited an "adulterous affair" between Fantasia and Antwaun.

Cook has not taken any legal action against Fantasia yet -- but Barrino's lawyer, Gena Graham Morris, tells us it very well COULD happen ... because in NC there are certain "heartbalm torts ... where a wife can sue a third party for having a relationship with her husband" -- it's called alienation of affection.

Morris adds, "The heartbalm torts arise out of the notion that women were once property that could be stolen like televisions. It is a comical irony that in 2010 women can sue women for stealing husbands."

Morris says she "hopes" Paula Cook will choose not to sue -- but in case she does, Morris vows to "vigorously defend" Fantasia.

252 COMMENTS

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16.

pattycake    

Hell hath no fury like a woman scorned.

I hope you invested what money you have made off of American Idol well, cuz it will be going to lawyers and a soon to be ex wife.

Also, be prepared for him to cheat on you.

1429 days ago
17.

Echo    

I don't like Fantasia and she gets what she deserves.

BUT whatever happened to taking responsibility for your actions? Meaning - why isn't the husband to blame? At the very least he knew he was married and he chose to cheat.
Sue the other woman and I'd imagine you'd have to prove she knew he was married and not separated as Fantasia claims she was told.

I feel the need to walk around with a sign that says I'm not responsible for the actions of others.

1429 days ago
18.

mousetrap    

I don't think the alienation of affection law is crazy at all. Marriage is a legal, social and usually religious institution. Marriage is not "just a piece of paper" and no one should be messing around with married people. It is very wrong. Just like married people can be held accountable when they break the vows and agreement, so should others who who step in and help contribute towards the violation of the marriage contract. But they are almost impossible cases to win, unfortunately, because the wronged spouse has to be able to really demonstrate that the marriage was very healthy and strong before the affair, etc.

1429 days ago
19.

dzhonatan    

lawyers lawyers lawyers. they are all the same. hey...you could sue her for this (hint hint hint wink wink), and if you do (and i hope you do), i'll charge my client $1million to defend her!

1429 days ago
20.

spinner25    

It's not archaic, or only a North Carolina law. Alienation of affection is used as revenge by jilted wives everywhere to this dya.

1429 days ago
21.

Tammy    

16.
If a spouse cheats, it's because all their needs are not being met at home. It has nothing to do with the outside party. Paula needs to accept that her husband didn't want her, for whatever reason, and move on. I've always found it's the wife who comes out worst when a husband starts telling in court why another woman's coochie was better. I'm sure every wife wants to hear how bad sex with them was and that another knew how to put it on him like a poptart.

Posted at 11:22 AM on Aug 12, 2010 by Tammy

COORECTED FOR GRAMMAR.

1429 days ago
22.

chinue x    

All of you HOLYER THAN THOU! You know a man will plead his case about how the marriage is not working this and that, and will string the two women along. What about his accountability. OR MAYBE ITS A SCAM THAT THIS HUSBAND AND WIFE HAVE CONCOCTED.

1429 days ago
23.

Marie    

Fantasia deserves to be sued.Didn't her mama teach her not to fool around with married men? Fantasia is so dumb she thinks a man in his right mind would leave his beautiful wife for her.

1429 days ago
24.

wow    

Women should definitely not cheat with married men but if this law exists in one state then it should in all others. That's only fair. As soon as Fantasia got wind the guy was married she should have walked until he showed her divorce papers. Men lie and women know this. Hell, she could've hired a private detective to get the real truth. Women need to stop getting involved with men who say they're separated. They're married until the divorce is final. Some men are only playing at separation for a few nights. Who wants a man with a couple children to support anyway. Kick his butt to the curb and let him be a father to those kids. If he cannot afford to support them and a woman marries him she's on the hook for those funds. Get to know his true character before saying I do. Anyway, it depends on the cir***stances, if he was lying to her and she was too love stricken to realize it then she was used like his wife. I don't think the wife should sue. The man was probably cheating even before she married him. Women ignore all the red flags to get a man down the aisle. She needs to move on and look after her children, the same for Fantasia.

1429 days ago
25.

Mama Meza    

Oh Gena. You don't even make sense! How did you pass the bar? If a woman is suing another woman for taking her husband, it is the husband that is the stolen property. The man. I guess you don't have a rational arguement for defense, so this is what you throw out there to try to deflect?

I think the "archaic" law should be adopted in all states for the sake of repairing our society! It'll encourage more people to keep it in their pants and think before they cheat, split up their families and ruin their children. I actually think this law is a fabulous one that would go a long way toward reducing future crime rates.

1429 days ago
26.

Tammy    

I am sure Fantasia was NOT the first, so the reasoning that she caused the marriage to break is pure fantasy. Antwaun didn't want Paula and, a smuch as it hurts, she needs to accept that. I think he should have gotten, at least, separated and then stick his d**k wherever he wanted. However, most men don't do it that way and I think it's time to set up laws to mke them pay. How about: if they cheat without being LEGALLY separatred (none of "I moved out."), they are liable for DOBUBLE alimony for the rest of the woman's lif, even if she remarries?

1429 days ago
27.

Barbarascy    

If I were Paula I wouldn't bother Fantasia one damned bit. Fantasia didn't stand in a church and marry this woman. Mr. Cook did. Nobody pulled a gun on Mr. Cook and forced him into a relationship with Fantasia. The man was probably lying to both of them. Women really need to stop hating on each other and start holding these damned doggish assed men accountable. I wonder how many other women did Paula have to deal with before Fantasia ? He is a damned dog and needs to be treated as one. Was Fantasia smart for getting involved with him? No, she wasn't. But like I said she was probably lied to. She should have checked the situation out more carefully and demanded he get his business together before proceeding to do anything with him. She has the money to check a man out and be sure about what is, and what isn't. She didn't and now she has to deal with the consequences of a bad choice. But ultimately had Mr. Cook had his ass at home with his wife in the first place there wouldn't be all of this drama.

1429 days ago
28.

Jill Conway    

The wife must be a real looker cause I don't know what any guy would want with this ugly fat greasy pig.

1429 days ago
29.

Adam    

Okay, maybe I'm the only one who noticed this and maybe not but isn't this lawyer completely screwing his own client?

Morris says she "hopes" Paula Cook will choose not to sue -- but in case she does, Morris vows to "vigorously defend" Fantasia.

So up to this point she hasn't filed any papers for a suit.

Greedy Lawyer says: "Well then I have an idea... I'll go on TMZ and announce to the entire world that this law exists. That way she can be notified that she has the right to sue and go ahead and file."

1429 days ago
30.

Leigh Ann    

LOVE IT! SUE FANTASIA! Wish more states had laws that enabled the wrong party to receive some justice.

1429 days ago
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