Legal Question in Civil Litigation in California

Suing the other woman over infidelity concerning an affair

I would like to know if I can sue another woman over an affair that she had with my husband even though she knew I was married to him and I warned her not to do it and told her I was his wife.

A friend of mine said she read in the paper that a case like this was upheld in a CA court recently.

Thank you,

Denise


Asked on 11/13/05, 5:30 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Suing the other woman over infidelity concerning an affair

Your friend is incorrect. You are referring to a tort called "alienation of affection". This type of claim is now barred by California Civil Code Section 43.5.

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Answered on 11/13/05, 5:51 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Suing the other woman over infidelity concerning an affair

no, there is no such law(s) on the california books that would make it actionable to sue anyone over an affair. Divorce is california is deemed "no fault" as well, so unfortunately, your friend is incorrect in her assessment advice to you in this case. sorry.

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Answered on 11/13/05, 7:37 pm


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