Alenation of Affection


#1

I recently caught my wife in a 9 month affair. We are trying to work things out, we love each other, but she fell in love with someone else as well. He is married as well and therefor, my wife wants me to leave him alone. I would like to sue him, but not sure my wife will back me on this decision. Do I need her to concur with this in order to move forward and be successful? 2013 was a really bad year for us, and I guess I am looking for something to make the pain go down at least a little, even though I know deep down leaving him alone probably really is the right thing to do, but my anger is driving me crazy. Thank you in advance for your advice.


#2

To file a claim for alienation of affection you have to get separated. The action requires:

1.You and your spouse were happily married and a genuine love and affection existed between you.
2.The love and affection was alienated and destroyed.
3.The wrongful and malicious acts of the defendant produced the alienation of affection.

If you are able to reconcile and you do not get separated, then you cannot maintain an action for alienation of affection.

You could sue for criminal conversation which only requires that you prove:

1.Actual marriage between you and your spouse.
2.Sexual intercourse between your spouse and a third party during the marriage.

As much as you are hurt by your spouse’s actions, you should know that filing a 3rd party suit may impede your ability to reconcile and may not give you the satisfaction you are seeking.