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Old 08-08-2005, 02:31 PM   #1 (permalink)
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Adultery

Does anyone know if I can sue the Adulterer as well as the partners who destroyed my marriage - I mean sue for damages?
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Old 08-08-2005, 08:13 PM   #2 (permalink)
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Cool

Quote:
Originally Posted by amorososecty
Does anyone know if I can sue the Adulterer as well as the partners who destroyed my marriage - I mean sue for damages?

I doubt it. It's not illegal to commit adultery if you aren't married. Even if you could, I don't think there is a cause of action for adultery... It's just too common.

Think about it, have you ever heard of a celebrity being sued for adultery? I haven't and you know those would be the first people sued if it was possible.
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Old 08-09-2005, 02:58 PM   #3 (permalink)
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Angry Adultery

I thank you for responding. However, you suggested Adultery is not illegal if you aren't married. The point is, we are legally married. Does this change anything on the subject of sueing all parties involved?
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Old 08-09-2005, 03:18 PM   #4 (permalink)
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Thumbs down Adultery

I think the statement you refer to is a typo. Adultery is a grounds for divorce in some states and I'm sure that the judge does not look favorably upon the party that committed the adultery but suing for damages based soley on adultery is not likely.
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Old 08-09-2005, 03:30 PM   #5 (permalink)
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Adultery

Thank you for responding. What is the term I'm looking for, infidelity or what?
The damage this has caused, i.e., emotionally, mentally, physically, etc., why are damages not likely?
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Old 08-10-2005, 07:07 PM   #6 (permalink)
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I think I misunderstood your original question. There are no viable causes of action that I know of to sue someone who is unmarried but is having an affair with a married person.

Of course you can use the adultery as a grounds of divorce in some states, and can sometimes use it against your spouse in a divorce case when dividing up assets and determining alimony. What I meant is that I don’t think you can successfully sue your spouse in civil court (not family court as part of a divorce proceeding but regular court), as you would sue someone in a personal injury matter. Things like “intentional infliction of emotional distress” and discrimination just don’t work in these contexts.
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Old 02-12-2006, 07:30 PM   #7 (permalink)
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adultery

I have recently gone through this myself, most if not all states have done away the the ability to sue someone for "alienation of effection". Sexual mis-conduct like this is so prevalent in our society today that the courts would be full of these cases. It is sad but true, I know exactly what you are going through, I paid my wife a surprise visit in a another state( she moved there and I was to follow when I got a transfer) And found her getting ready to go out with another man who was in the house! I did my research and found out there was nothing I could do!
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