Legal Question in Family Law in Tennessee
adultery
my spouse cheated on me with a young woman from Celina Tennessee and i am curious as to whether i have the right to legally pursue her for what she did to my life. it would seem that she is the only one involved that has not been punished. i have surely suffered for what my husband and her did to me and my children. my husband has been punished even to this day. she destroyed my life and was completely aware of his marital status when she slept with him and since has walked away to live and enjoy her little life.
3 Answers from Attorneys
Re: adultery
Sorry to disappoint you after the message from Mr. Guth mentioned the cause of action of "alienation of affection", but that cause of action no longer exists in the state of Tennessee (or in most states).
Tennessee's courts ended that cause of action about 16 years ago and since then you have not been able to sue another person just because they have had an affair with your spouse or because they have somehow caused your spouse to lose interest in you or spend less time with you or money on you.
Re: adultery
Your husband committed adultery, not the other woman.
Re: adultery
Within the law, a cause of action exists for "alienation of affection." However, these adultery-related actions are rarely prosecuted, because the parties prefer to fight it out in divorce court, rather than pursue a mistress. Most of your damages are going to be in the form of mental suffering and anguish, which unfortunately, are not the kind of quantifiable out-of-pocket expenses that courts generally recognize. You should not bring suit unless you can find at least one Tennessee appellate case that holds Tennessee recognizes such a cause of action and has awarded the victimized spouse damages. A librarian at a law library could help you with this research, or you might try the Internet.