Legal Question in Civil Litigation in Massachusetts
Husband was caught in a four-month affair with a married woman. I have e-mails and photos to prove it. I was just wondering how I can now use this information to sue the other woman? I was told by a lwayer that the best way to go is Negligent Infliction of Emotional Distress, as there's a wide parameter and no real guidelines and this case would fall into it perfectly. Does that make sense? He also suggested that Intentional Infliction would be the back-up plan. How much do these sort of suits usually get? I'm thinking she may settle just to avoid the publicity. Also, if I threatened to go to her husband with my e-mails/photos, would she have any recourse against me? I wouldn't think so. Thanks in advance.
2 Answers from Attorneys
You are wasting your time. Such conduct is not criminal any more, and the "other woman" was in a consensual relationship with your husband.
Such threats can expose you to extortion charges.
Your problem if any, is with your spouse, not with this woman.
If you have recourse, that is where it lies.
I find odd that you would go after this woman and say nothing about the apparent distress that your husband caused you.
If you would like to discuss this, contact me.
At common law, there was a cause of action for alienation of affection, which the facts of your situation would fit into. However, the Mass. Supreme Court got rid of such a cause of action a few years ago. I am afraid you have no basis to sue her.
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