Legal Question in Family Law in Maryland
Can I sue the other woman for the breakup of my marriage
I have been married to my husband for two years. A woman called last year to tell me she was pregnant with my husband's child. My husband denies sleeping with this woman. She has refused to take him to court for paternity test. If the baby turns out to be my husband's can I sue her for breaking up my marriage and counseling fees.
1 Answer from Attorneys
Re: Can I sue the other woman for the breakup of my marriage
No, you can't sue the woman for the break-up of your marriage. I hope your marriage isn't breaking up because of an unsubstiated allegation from a woman who called you on the telephone. If this woman is not seeking to establish your husband as the father of her child, and is not seeking child support, and your husband denies the whole thing, he may be telling the truth. Disturbed people do too frequently, for a variety of reasons, make accusations which are untrue about people they may not even know. If your husband is not the father of the child, and has never had a sexual relationship with the woman, he is the one who might have a basis for suing her, not for the break-up of a marriage but for defamation (of course part of his damages could be the damage to his marriage). Such a suit would require him to provide some evidence that the woman lied, and she would have to provide convincing evidence that she at least had reason to believe that what she said was true. It would be a pretty ugly suit, whatever the outcome might be. I hope that your marriage is not destroyed and that no such law suit is filed.