I have been married for almost a year. I recently found out that my husband has been having an affair with his ex wife. He is not aware that I know but I want to give a little background info. He had cheated on me with his ex wife right before we got married, and I thought we could work it out. He has been divorced from his ex wife for almost 2 years and they have 3 children together, we have none. Can i sue his ex wife for alienation of affection? Also if I am to prove adultery, she would be key in proving that because she has evidence. Which way should I go. I want to divorce him and make sure he doesn’t get my money/ property.
For an alienation of affections claim, you have to show that there was love and affection between you and your spouse, and that this third party alienated it. There might be some issues pursuing your claim because you knew about the affair ebfore you married, but I wouldn’t necessarily give up on your claim before consulting with an attorney to discuss the entire facts surrounding your case in an attempt to determine your likelihood of success and the likely outcome in your jurisdiction.