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    mentorjohn's Avatar
    mentorjohn Posts: 1, Reputation: 1
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    #1

    Nov 19, 2010, 07:35 AM
    I caught my wife cheating with another man.Can I sue them for emotional distress
    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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 19, 2010, 07:48 AM
    Quote Originally Posted by excon View Post
    ... 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

    Are you in one of those states?
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