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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I am from Idaho. I would like to know if there is a legal

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I am from Idaho. I would like to know if there is a legal recorse for me to sue my husband and/ or the woman he is having a relationship with, if not criminally, then at least in civil court. We have been married 9 years and together for 11, and have 2 children that are 4 and 6 years old. They were involved several months before I became aware of the affair, and are currently still involved. I have prove of him leaving our children with a third party without my permission, to meet her. I have prove of their relationship in the form of emails and pictures, although not of an actual sexual act. I have her on paper admitting to her involvement with him, knowing he is married. He is now living with his parents, however, we are still legally married with no formal separation or divorce. He has paid no support to myself or our children and is still involved with this woman. What are my rights under Idaho law? Can I sue for alienation of affection if nothing else? Can I sue her?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Idaho has abolished the right to sue the third party for alienation of affection. So you cannot the mistress for alienation of affection. Majority of courts will accept a lawsuit for intentional infliction of emotional distress. The elements for this would be as follows:

(1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.

These are tough civil cases to do on your own, so a lawyer is greatly recommended.

In Idaho adultery is still a crime, so both of them can be criminally liable for adultery. Below is the criminal statute of Idaho regarding adultery.

 18-6601.  ADULTERY. A married man who has sexual intercourse with a woman
not his wife, an unmarried man who has sexual intercourse with a married
woman, a married woman who has sexual intercourse with a man not her husband,
and an unmarried woman who has sexual intercourse with a married man, shall be
guilty of adultery, and shall be punished by a fine of not less than $100, or
by imprisonment in the county jail for not less than three months, or by
imprisonment in the state penitentiary for a period not exceeding three years,
or in the county jail for a period not exceeding one year, or by fine not
exceeding $1000.

As to getting support for yourself and children, this would require filing for divorce or separation and requesting temporary orders of support. So if there is no future for reconcilation, these are options you would have to think about.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Customer: replied 5 years ago.
How do I hold them criminally liabel? Do I go to the police or file suit? I'm not sure what you mean. Do I have to have specific proof of a sexual act, or would the intent and opprotunity proof be enough? I don't have a ton of money right now, what would I need to do to sue for for emotional distress until I can afford a lawer? Can I sue both of them, or just her?
Expert:  Attorney & Mediator replied 5 years ago.
You asked what your rights were and whether you can take certain actions. I provided the answer of what you can and cannot do.

1) You cannot sue her for alienation of affection as Idaho does not permit those cause of actions.

2) If you cannot afford a lawyer, then you are not going to be successful in suing in an emotional distress claim, because you have to prepare the summons and complaint from scratch. You have to reference the facts and case law that supports those elements to sustain a case of emotional distress [which I addressed in my first answer. You need to prove all those elements to prevail]. Further, an expert may be necessary to show that the emotional distress you sustained is because of this behavior. The emotional distress is an action only against her. For your husband, you would have to file for divorce/separation and prove the emotional distress in that court venue.

3) Adultery is a crime, not a civil action. To make them both criminally liable, you would have to call the police and press charges. You don't sue for this as this is a criminal offense.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.


Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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