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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9296
Experience:  since 1983
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Need to know if I can sue my husband and s mistress in the

Customer Question

Need to know if I can sue my husband and his mistress in the state of California
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I am sorry but the answer is No, California does not allow a lawsuit based on adultery (called "criminal conversation" in the statute).

California Civil Code:

43.5. No cause of action arises for:

(a) Alienation of affection.

(b) Criminal conversation.

(c) Seduction of a person over the age of legal consent.

(d) Breach of promise of marriage.

from

http://leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=43-53.7

I am sorry this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

If you want to divorce him, you can get a free consultation from some of the attorneys listed by location here. There is an overview of the process posted at

http://www.divorcesource.com/ds/california/california-divorce-laws-662.shtml

I hope this information is helpful.