Suing someone for having an affair?

Have you ever heard of suing someone for an affair? As in, suing the lover (not spouse) for breaking up the marriage? Have you known this to ever be successful?


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Most Helpful Guy

  • It takes two to tango dear.

    A marriage has no tangible value, so you would need to justify the amount you're suing for. However, even if you could put a dollar value on your marriage, you'd probably lose the case. I suspect the case would be thrown out of court before it even gets to a hearing. This is because you'd have to prove in your written statement that the knowingly lover caused the marriage to breakup.

    All he/she needs to do is deny knowing that your spouse was married. The onus is on you to prove he/she knew. For all the lover knew, he was just dating a girl he thought was single. You'd also have a problem defending against the fact that your marriage was already doomed because the spouse engaged in the affair. The spouse cannot deny knowing they were married. Lastly, having an affair is not illegal. While it's definitely wrong, the person doing the cheating is the spouse - not the lover.

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Most Helpful Girl

  • Wow, are you really that pathetic?

    While it sucks your marriage fell apart, you're acting like a true American stereotype. People like you are the reason why the rest of the world thinks so poorly of US citizens.

    Try getting a job instead of looking for shoddy ways to make quick a buck.

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What Guys Said 5

  • Yes it is called "Alienation of Affections." Lawsuits based on this have been abolished in all states in the US except North Carolina (I believe you can still do this in NC, but I'm not sure.)

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    • An attorney told me it was possible, and I'm not in NC. He didn't tell me the name like you said.
      I would expect it to be hard to win or prove.

    • I am an attorney in Florida. Get an opinion from another attorney in your jurisdiction.

    • Ok thank you!

  • well according to all the tv shows about law that I've watched, you should be able to sue for emotional distress and chase damages, since it damaged your marriage.

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  • I haven't heard of it, but I can see it winning, stupid shit always wins

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  • Yes. This is a thing in Taiwan.

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  • If that's true I would love to know since that's what happened to me too

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