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Intentional infliction of emotional distress

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saar4321

Member
PENNSYLVANIA. Awhile back my wife confessed to having an affair with a neighbor and asked for a divorce after 20 years. Wondering if I can sue her for intentional infliction of emotional distress or wouldn't this meet the criteria.Thank you.
 


Zigner

Senior Member, Non-Attorney
PENNSYLVANIA. Awhile back my wife confessed to having an affair with a neighbor and asked for a divorce after 20 years. Wondering if I can sue her for intentional infliction of emotional distress or wouldn't this meet the criteria.Thank you.
No, but you CAN sue for a divorce
 

Mass_Shyster

Senior Member
PENNSYLVANIA. Awhile back my wife confessed to having an affair with a neighbor and asked for a divorce after 20 years. Wondering if I can sue her for intentional infliction of emotional distress or wouldn't this meet the criteria.Thank you.
Emotional Distress must be severe, not just feeling unhappy. You would also need to prove that the conduct was extreme and outrageous, and that this conduct was the cause of your distress.

It's a pretty tough nut to crack based on your description.

But, like they say, you can sue for anything. Winning is another story.
 

saar4321

Member
I did not mention this in my main post but my wife moved out 2 months ago to continue her affair and my 15 year old son, who is living with me, has to go to counseling because of the situation. I have been to the doctors with migraines, sleeplessness, stomach problems and anxiety attacks. Would this be considered emotional distress if I tried to sue her?
 

Mass_Shyster

Senior Member
I did not mention this in my main post but my wife moved out 2 months ago to continue her affair and my 15 year old son, who is living with me, has to go to counseling because of the situation. I have been to the doctors with migraines, sleeplessness, stomach problems and anxiety attacks. Would this be considered emotional distress if I tried to sue her?
If you can find an expert witness to state that these symptoms were caused by these actions may have met ONE of the tests.

If you've ever had these symptoms before, it will be hard to claim they were cause by these actions.

You will also need to show that your spouse intended to cause this distress, or knew with substantial certainty that the action would cause severe emotional distress.

It really seems like an uphill battle on your end.
 

Ohiogal

Queen Bee
If you can find an expert witness to state that these symptoms were caused by these actions may have met ONE of the tests.

If you've ever had these symptoms before, it will be hard to claim they were cause by these actions.

You will also need to show that your spouse intended to cause this distress, or knew with substantial certainty that the action would cause severe emotional distress.

It really seems like an uphill battle on your end.
He cannot sue for intentional infliction of emotional distress. WHERE are you getting that ****amamie idea from?
 

Ohiogal

Queen Bee
PENNSYLVANIA. Awhile back my wife confessed to having an affair with a neighbor and asked for a divorce after 20 years. Wondering if I can sue her for intentional infliction of emotional distress or wouldn't this meet the criteria.Thank you.
No you cannot.
 

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