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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
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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: 6 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 6 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 6 years ago.

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

Expert:  SC Law Attorney replied 6 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