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I am sorry to hear this.
Are you asking about suing the mistress?
Unfortunately, in Canada the law is very clear and you cannot sue a mistress for alienation of affection and in fact you cannot sue the mistress at all.The only way you can sue your husband is through the divorce. You cannot sue him for having an affair or for causing you emotional harm but you can seek a fair division of assets and spousal support and child support and custody etc.The court cannot take his affair into account when making financial decisions.
However, if his mistress is hurting your children or impacting on his way of parenting then her conduct or his conduct with her will be considered by the Court.Do you see what I mean?
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