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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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31.

samantha    

If every state still carried these "arcahic" laws like you said, maybe more people would be a little more respectful to marriage. Separated does not mean single. She should sue her for disrespecting her marriage.

1442 days ago
32.

watcher 1    

it should be this way everywhere! the wifes' life is devastated and if she could sue the two bit slut that destroyed her life and her childrens then maybe these tramps would pay attention to the fact that a man is off limits if she thinks she may have to give up HER house and bank account to sleep with some jerk! I hope this wife sue that "christians" ass right off. How dare this Fantasia broad call herself a church going christian when she is sneaking off after church service to suck some married mans' ****! Like my grandma said , those who preach their holiness are usually the biggest hypocrits on the planet. You deserve whatever happens to you Fantasia, you tramp.

1442 days ago
33.

Janet    

I LOVE the alienation of affection law! I wish I knew about it when I found my husband in our bed with a blond bimbo who happens to be living in North Carolina as well! Small world.

1442 days ago
34.

Phreaky    

Swizz Beats/Alicia Keys
Eddie Cibrian/Leann Rimes
Angelina Jolie/everyone

Sue them all.

1442 days ago
35.

texasknight1    

Tammy

you cant not get this heat off a chick that openly knew he had a wife.. she knew this.. she knows this.. which is why she even made a sex tape about it.. and furthermore...the man does get it in the end after the lawsuit.. he'll be out of 2 ho's to be..

again this law is setup and has been on the books for YEARS!.. you can not deny it.. fanny could have easily had ger friends background check him... nope.. especially dealing with NC

1442 days ago
36.

DD    

The law is backwards. No third party is responsible for the break up of a marriage. This law lets the cheating spouse off the hook. I could have great compassion for Paula Cook. I think Fantasia is stupid for getting tied up with a married man. But I am more upset that no one seems to be focused on the action of Antwaun Cook, not even his wife. Why isn't there a law on the books available for a single woman to sue a married man for bringing her into his marriage. Naw that wouldn't happen, we still blame the third party for problems in a marriage.

1442 days ago
37.

Phreaky    

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."

Posted at 11:42 AM on Aug 12, 2010 by Adam
-------------------------------------------------

I was wondering the same thing.

1442 days ago
38.

Jodi    

She finds it "comical irony"? Hmm...wouldn't be so comical if it were HER husband she was screwing! Maybe if more people sued for this people would put a little more effort into restraining themselves and keep it in their pants, and at least try to portray the illusion of morality, and mistresses wouldn't be glorified and making millions in 2010.

1442 days ago
39.

Nemmy    

While I don't personally believe in becoming involved with a married person, it seems a little harsh to take legal action against someone who may have been lied to about the status of separation.

I don't think this woman would be going after someone legally if they weren't worth anything or able to bring media sympathies.

This woman needs to realize she married a s***bag, and keep other people out of her divorce.

1442 days ago
40.

Wendy    

I love our "antiquated" alienation of affection laws here in NC. We for the most part are still an old fashioned state. It should be illegal to knowingly come between two married people who are committed to one another. If this happened more, the divorce rates would no longer be as high as they are.

1442 days ago
41.

Elizabeth    

SUE HER! I am so sick of these women going after married men! That is all we hear about these days. I'm just glad it finally happened in a state that has such a wonderful law, so that the mistress will get what she deserves! These women know exactly what they are doing, and it's about time they face some consequences!

1442 days ago
42.

koko    

Yes, SUE HER! People need to learn respect for social contracts and marriage is one. It is, I am sure, very humiliating and painful to know your partner has cheated on you. And, how pathetic of a loser this fantasia is with the aspirin suicide attempt! Please, tell us what drugs she really took!

@shaegates comment no. 6, you said:

"To the WIFE...get over it...you are probably all too familiar with the place you are in now...he has probably cheated before and you got nothing out of the deal. Looks pathetic that you are attacking another woman because you can't control YOUR husband. Gold Digger...but I mean hey it's cool..guess you have no other way of making money."

What?? The wife is legally entitled to whatever they make together! She is not a "gold digger", she is the wife! And, no it is not her fault that her husband cheated, it is his fault and the OTHER woman! She is one with legal rights, Fantasia is the gold digger or whatever she is. And, no one "control" another human being, she is responsible for being his wife and doing her part in the relationship. The husband is his own person and HE decided to cheat and Fantasia decided to go along with it. You sound like a bitter person who is having an affair with a married person and resents the legitimate, legally sanctioned partner, the wife or husband! You get over it, get health relationships. I can't believe the ignorance of your comment!

1442 days ago
43.

Darlene    

Good!!!!!! She is a scank!!!~! She knew he had a wife & didnt care!

1442 days ago
44.

Tammy    

45.
I love our "antiquated" alienation of affection laws here in NC. We for the most part are still an old fashioned state. It should be illegal to knowingly come between two married people who are committed to one another. If this happened more, the divorce rates would no longer be as high as they are.

Posted at 11:54 AM on Aug 12, 2010 by Wendy

I agree, but it would be that way because the marriage rates would be low as well. I think men would either not get married OR have a pre-nup clause saying that the wife can't hold the 3rd party responssible if the marriage falls apart due to infidelity.

1442 days ago
45.

koko    

Oh and the attempted suicide with "aspirin" is such nonsense. If she did try, it was NOT was with aspirins! But, how utterly pathetic and a loser she is to try to commit suicide to gain sympathy! How pathetic of a loser she is trying to kill herself for a married man to get his or our attention and sympathy!

1442 days ago
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