And more generally, your state (CA) does not allow what were traditionally titled "alienation of affection" lawsuits at all: you cannot sue because someone had an affair with a spouse. IMPORTANT NOTICE: The Answer (s) provided above are for general information only.
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In New York, the law requires judges to divide marital property equitably, which means fairly, between the spouses. (N.Y. Dom. Rel. § 236 (B)(5)(c).) One exception to this rule may occur if one spouse commits adultery and uses a large chunk of marital assets on a lover (for example, on gifts, vacations, or hotel rooms).
No, unless you have a true legal theory to sue under, you cannot really sue them. You may try a novel approach such as suing for "emotional distress", but you will most likely not succeed.
May 11, 2021 ·
Although adultery constitutes a crime "on the books", it is generally not prosecuted in New York State. However, being the victim of an adulterous spouse can put you at an advantage in divorce court as it can have financial ramifications on both spousal support and the equitable distribution of assets and debts.May 8, 2020
No one wins in an adulterous relationship—least of all is the jilted spouse—but luckily, there is legal recourse for some situations: You can sue someone for breaking up a marriage. ... The adultery itself is not the crime; it is the actions of the other man or woman that determines whether a law has been broken.Mar 21, 2021
Yes you can be sued but the success of the suit depends on the specific facts that were posted.
If you don't want a divorce, you can file a petition in the court to obtain a decree of judicial separation on the ground of adultery committed by your husband or wife. After obtaining the decree, you will no longer be required to cohabit with your spouse.Feb 2, 2018
As of today though, Section 498a IPC is used by a woman in India to file a complaint against her husband for mental, physical, and psychological or any other agony or harassment and the punishment for 498a case under the IPC is also known well to the society due to the build-up of so many 498a cases coming in the ...
While the Court dismissed the father's complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.Feb 15, 2019
Adultery isn't just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is against the law, punishable by a fine or even jail time.Apr 17, 2014