Can I sue the guy who had an affair with my wife that caused our divorce?
Divorced Dad Resources on SingleDad.com - Ask a Lawyer Q&A
| Author: Matt Allen, Editor, DadsDivorce.com | Posted: 07/25/10 | ||
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Question:
Can I sue in civil court the guy who had an affair with my wife that caused our divorce?
Answer:
First let me preface my answer by stating that I am not licensed in the state of Pennsylvania. Cordell & Cordell does have attorneys who are licensed in the state of Pennsylvania that would be happy to discuss your case with you.
The cause of action that you describe in your question falls outside the scope of domestic relations, which is where I devote 100% of my practice towards. Generally speaking, almost all states are "no-fault" states, which means that the Court will not consider any factors that lead to the divorce in granting the divorce or in the division of the marital estate. If a Court would not consider an affair in granting a divorce, then I don't believe a Court would consider an affair as a valid cause of action against the other man.
However, there are a few states in which adultery is still relevant in the Court's determination and may be classified as a misdemeanor. You should consult an attorney in your jurisdiction for more specific advice on your question and how Pennsylvania would treat this issue.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
