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That will depend on a few factors.
What state do you live in?
Did this end the marriage or simply cause damages?
I do not have good news, Family Code was enacted to abolish the right to bring an alienation of affection lawsuit in Indiana. You can not by law sue her for her actions.
You have the right to file for a separation and request not only that he leave the home but that he pay child support if there are children. Child support is a given if there are minor children and since you are the main caretaker there should be little issue of you retaining custody. You also have the right to request spousal support, in the end that is up to the judge and depends on the circumstances of the case.
As far as him telling you to leave the home you are not required to leave the home and I would suggest consulting with a lawyer before going any further.
I wish you the best,
Alienation of affection is the actions of the mistress not your husbands actions. When you sue for damages from a adulterous relationships that is termed alienation of affections......in the state of Indiana no one is permitted to bring forth a suit for damages stemming from a adulterous affair wither it be from your husband or his mistress.
I am sorry, I do wish I had better news. I have never agreed with this law but many states have adopted it to prevent people from being sued based on adultery.
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