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
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.
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