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View Full Version : I caught my wife cheating with another man.Can I sue them for emotional distress


mentorjohn
Nov 19, 2010, 07:35 AM
My wife was caught having a sexual relationship with another man other than myself. Can I sue her, him or the both of them for mental and emotional distress?

excon
Nov 19, 2010, 07:38 AM
Hello m:

You can sue you wife for divorce. That's all. They other guy didn't have a commitment to you - your wife did.

excon

AK lawyer
Nov 19, 2010, 07:48 AM
... They other guy didn't have a commitment to you - your wife did.. .

It would be a tort, which doesn't require a pre-existing commitment. The tort is called "alienation of affections". The problem is that said tort is only still recognized in a handfull of U.S. states:


Alienation [of Affections] is, however, still recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.Alienation of affections - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Alienation_of_affections)

Are you in one of those states?