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Roger, Attorney
Category: Family Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can I sue my x wife if she gave birth to another mans baby

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can I sue my x wife if she gave birth to another man's baby during marriage 10 years after our divorce
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be happy to assist you.

Under NY law, there is no longer a right to sue a spouse for adultery (usually called alienation of affection) and its consequences (having an illegitimate child). This used to be allowed, but every state except for Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah have gotten rid of this.

Even if there were a right, the statute of limitations would have run out as you usually only have 1-3 years to sue for a civil wrong. Thus, since this has been more than 10 years ago, there should be no right to sue.

I hope this answers your question, but if you need something further, please don't hesitate to ask.
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