Legal Question in Family Law in California

Can I sue my husbands mistress?

I just found out for sure that my husband was having an affair with a co worker for a year and a half ,he has confessed and says its over,if I choose to divorce him can I sue his mistress for mental distress and helping to break up a 25 year marriage(I confronted her a year ago and she lied right to my face. I have MS and have been pretty much a stay at home mom,even after my husband told me and I confronted her she tried to continue to upset me.


Asked on 6/30/99, 10:42 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Can I sue my husbands mistress?

You can get a restraining order to prevent her from bothering you. There is no "alienation of affections" tort action in California. If you sued her for mental distress (1) you would have to pay an attorney and cost, (2) you would probably lose and (3) even if you won, can you collect any money from her?

Sorry, but I'm just telling it as I see it.

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Answered on 7/08/99, 10:29 pm


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