Legal Question in Family Law in New York

Adultery, wife verses the other woman

My question is can I sue the woman my husband commited adultry

with for the harm she has caused my marriage of 31 years?

Last year my husband began an affair with a woman he met in an

Adult Sex chat room. Upon finding out I emailed the woman asking

her to leave my husband alone. Last week I found out they were

still seeing each other. I have copies of some of their emails to

each other. I believe this woman should be accountable for her

actions against me by knowingly commiting adultry with my

husband. Is she in legal trouble, beyond being named in the

divorce petition?


Asked on 10/08/03, 11:31 am

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Adultery, wife verses the other woman

Yes, you do have a "cause of action" against the adulteress; in addition to grounds for a divorce.

However, despite the reactionary climate presently existing in the country, "an alienation of affection" case against the adulteress,is generally ill advised; particularly in NY.

You will not get your marriage back this way; nor

your 31 year investment. Retribution is an entirely ineffective way to assuage your pain, loss, and dissappointment. Also it fails to blot out recognition of your contribution to the failure of yourmarriage; and extends your period of recovery.

Get help, go to a mental hygiene clinic.

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Answered on 10/08/03, 12:32 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Adultery, wife verses the other woman

Attorney McAlister is mistaken. New York does not recognize a cause of action/legal claim for "alienation of affection". Only about 8 States do.

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Answered on 10/08/03, 9:53 pm


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