Can I Sue My Husband's Mistress

[cheaterpardee]

What is the name of your state? California

My husband had an affair which produced a son. The women that he had an affair with knew that he was married. I plan on legally separating from my husband, but can I sue the women he had an affair with for interrupting my marriage? Help!

 

[pty]

You're talking about suing her for criminal conversation (having sex with your spouse) and/or alienation of affection (causing or contributing to the loss of your spouse's affection). There are only a handful of states that still allow lawsuits of this type, and I don't think CA is one of them. Actually, I think CA stopped allowing these types of lawsuits in the 1930's. But, I'M NOT AN ATTORNEY and I could be wrong.

 

[BelizeBreeze]

You're talking about suing her for criminal conversation (having sex with your spouse) and/or alienation of affection (causing or contributing to the loss of your spouse's affection). There are only a handful of states that still allow lawsuits of this type, and I don't think CA is one of them. Actually, I think CA stopped allowing these types of lawsuits in the 1930's. But, I'M NOT AN ATTORNEY and I could be wrong.

This has nothing whatsoever to do with 'criminal conversion'.

As for suing the other woman, you have every right to do so. And the courts have every right to tell you to go away and quit wasting their time.

 

[JETX]

This has nothing whatsoever to do with 'criminal conversion'.

Not only is that not what was said.... but isn't correct.

The old legal definition of 'conversation' was sexual intercourse. So, the 'clean' legal term for having an illicit affair was 'criminal CONVERSATION'. And the poster is correct, that law was abandoned (as was the definition) long ago with the change in moral values.
This was covered under Ca Civ Code §43.5:
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.

See: http://www.lectlaw.com/def/c331.htm

A good site on this subject in California is "Common-law torts involving disturbance of family relations" at: http://www.hartley.com/heartblm.htm

 

[HomeGuru]

JETX, any good links for CA common tarts? Breezy needs some.

 

[JETX]

JETX, any good links for CA common tarts? Breezy needs some.

Yep. I think that during his absence (welcome back!!) he kind of 'forgot' something.

 

[HomeGuru]

Yep, a mind is a terrible thing to forget.

 

[stealth2]

I am stupified!

 

[JETX]

I just finished Brimstone last week. Another good read from the Douglas Preston / Lincoln Childs 'team'.
http://www.prestonchild.com/default.htm

 

[nievewife]

Utah -

Did you ever find the answer to your question? I have looking for that same answer? Do you know what the legal lingo is for it when you would like to sue your husbands mistress?

 

[stealth2]

Utah -

Did you ever find the answer to your question? I have looking for that same answer? Do you know what the legal lingo is for it when you would like to sue your husbands mistress?

The answer was in this response:

The old legal definition of 'conversation' was sexual intercourse. So, the 'clean' legal term for having an illicit affair was 'criminal CONVERSATION'. And the poster is correct, that law was abandoned (as was the definition) long ago with the change in moral values.
This was covered under Ca Civ Code §43.5:
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.

See: http://www.lectlaw.com/def/c331.htm

A good site on this subject in California is "Common-law torts involving disturbance of family relations" at: http://www.hartley.com/heartblm.htm

 

[stealth2]

I just finished Brimstone last week. Another good read from the Douglas Preston / Lincoln Childs 'team'.
http://www.prestonchild.com/default.htm

I've been waiting for that one. But it may have to wait until after the next Harry Potter. Cabinet of Curiousities was quite good, too.

 

[Veronica1228]

I've been waiting for that one. But it may have to wait until after the next Harry Potter.

Just 4 more days to go! I can hardly wait!!!

 

[stealth2]

Just 4 more days to go! I can hardly wait!!!

Uh yup! I'm gettin' two - one for me and one for #1 to take with him to Scout camp. I won't have time to read this one as quickly as I did the last.

 

[Rushia]

Just 4 more days to go! I can hardly wait!!!

I advance bought mine and I just have to pick it up!!!