How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask SC Law Attorney Your Own Question

SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
20405397
Type Your Family Law Question Here...
SC Law Attorney is online now
A new question is answered every 9 seconds

can i sue my husband mistress for intentional infliction of

Customer Question

can i sue my husband mistress for intentional infliction of emotional distress in the state of GA. She also conceived a child from it?
Submitted: 4 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 4 years ago.

While the tort you are referring to is alive and well in GA, I have not found any appellate court laws regarding the use of same with respect to extramarital affairs in GA. That being the case, the Court in GA will often look to other states' examination of the action. It appears that so far, use of adultery as a basis of the tort has not been successful:

 

Extramarital Affairs. In Ruprecht v. Ruprecht, 252 N.J. Super. 230, 599 A.2d 604 (Ch. Div. 1991), a divorcing husband asserted a claim of intentional infliction of emotional distress based on the wife's 11-year extramarital affair. The wife had repeatedly denied involvement in an affair when confronted with the husband's suspicions. Noting that under 46 of the Restatement the issue of outrageousness is for the court to decide, the court ruled that the conduct alleged by the husband was not sufficiently outrageous to permit recovery for this tort. Although the court did not condone the wife's conduct, it did not believe that her conduct was so extreme as to be utterly intolerable in a civilized society. Accord Whittington v. Whittington, 766 S.W.2d 73 (Ky. Ct. App. 1989) (divorcing wife's allegations of husband's adultery did not state claim of intentional infliction of emotional distress).

Allegations that a husband engaged in a homosexual affair were held insufficient to support a divorcing wife's intentional-infliction-of-emotional-distress claim in Doe v. Doe, 136 Misc. 2d 1015, 519 N.Y.S.2d 595 (Sup. Ct. 1987), even though the wife claimed that the affair placed her at greater risk of contracting AIDS. The court held that the claim could not be maintained absent an allegation that either the wife or the husband had tested positive for the HIV virus.

 

That being said, GA may allow such a claim against either your husband or the paramour, HOWEVER, the next question is whether either even have any money to make it worth pursuing, because if they don't, you will never collect.

Customer: replied 4 years ago.

What if the mistrees knew of the marriage and conceived on purpose

Expert:  SC Law Attorney replied 4 years ago.

I'm not sure how that changes anything. The same answer applies. You can try to go for it, however, if they don't have money, it's not worth doing

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
SC Law Attorney
SC Law Attorney
Family Lawyer
344 Satisfied Customers
I have been practicing primarily in the field of Family Law for approximately 17 years