Legal Question in Civil Litigation in California
Can I file a case against the man that my wife is having a affair with?
I would like to know if I can sue the man my wife is having an affair with. He is a teacher at my daughters school where I was also a mentor. I asked him to stop until I could get a divorce filed because this was ruining my character. I wanted to know if I could sue him for him for the break down of my character and causing me to have to leave the mentoring program?
2 Answers from Attorneys
Re: Can I file a case against the man that my wife is having a affair with?
i might be missing something here, but if you could email me on how this teacher is defaming your character by having an affair with your wife prior to divorce and how it caused you to lose your mentoring position as well, i may be able to assist you legally once i get the specific facts of your case.
Re: Can I file a case against the man that my wife is having a affair with?
No. Historically, at English common law, you could have sued the other man for "alienation of affections." This cause of action has been abolished.
California Civil Code �43.5 provides:
"No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of consent.
(d) Breach of promise of marriage."
Therefore, you cannot sue.
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