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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37459
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Can I sue my husband's mistress. I live in Georgia. I have

Customer Question

Can I sue my husband's mistress. I live in Georgia. I have proof of the affair and proof of where she was in our place of business and contacting him over the phone. I suffered emotional stress behind it had to seek a therapist and now Im pregnant 26 weeks on bedrest until my baby is born due to complications. It has really been a struggle and taken a toll on me and the fact that I have to be away from my other kids is tearing me apart. Is there any advice you can give me as to whether I have a potential case or not?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.

The cause of action that you are referring to is known as Alienation of Affection. While the state of GA has such a right of action many, many years ago, the legislature eliminated the cause of action on April 4, 1979, thereby preventing any suit for Alienation of Affection from being brought in a Georgia court. So in this respect, you don't have a viable case against the mistress. I am sorry.

On the other hand you certainly have the legal grounds to sue for divorce based on adultery.

If you are interested in divorcing your cheating spouse, I can provide you with information in that regard if you ask.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,