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  Posted to group - Cheating spouses    <<Previous    Next>>

wants to know legally if able to file for adultery

me and my husband wed on july of 2007 and been seperated since novemeber of 2007 i was told by one of his friends that they had relations durring the seperation for a few months before she found out he was married is it possible i can file for adultery and what evidence would i need to file. Any help will be gratefully appericated

by lovehurts70207 
Posted on 5/9/2008 5:31 PM    
Sent to Friendsend to friend
   
Tags: adultry , seperation
0


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Answer s for "wants to know legally if able to file for adultery"  (3) (You must be logged in to answer)

Lovehurts, I am a U.S. attorney.

 

"Adultery" is actually an old criminal cause of action that the state might file against a philandering spouse; it is not in most jurisdictions a civil action you can "file" yourself against a spouse.

In some states, there is cause of action in civil court that your can file sometimes called "loss of consortium."  This is a claim that as a result of someone's conduct there was injury to your marital relationship and you demand legal damages from the "other woman."  It is pretty rare to prosecute these kind of cases, however, especially between consenting adults in the classic affair situation.  In fact, many states no longer even recognition this kind of lawsuit anymore.

Of course, you can file for divorce against your spouse, using adultery as legal grounds for getting it.  And depending on the laws of your state, the fact of the adultery may have some influence in terms of the disposition of property and/or child custody.  However, most states nowadays are considered "no fault" divorce states in which the conduct of either parties is not really considered relevant for most issues of the divorce.  It is only a small factor in practical terms among many others.

For what it's worth...

by justokguy  115 Posts
Posted on 5/22/2008 1:31 PM
0


Also, seperated as in "We don't live together?" or seperated like " We are legally seperated?". to the best of my knoledge if you're legally seperated than typically you can do who or whatever you want as long as you don't screw the other person over.
by sckain  19 Posts
Posted on 5/22/2008 1:18 PM
0


Depends on the state laws, call a lawyer that will do a free consult over the phone.
by sckain  19 Posts
Posted on 5/22/2008 1:15 PM
0







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