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FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
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Experience:  25 years of experience helping people like you.
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Can a wife sue her husbands mistress for alienation ...

Resolved Question:

Can a wife sue her husband''s mistress for alienation of affection in New York State?
Submitted: 6 years ago.
Category: Legal
Expert:  FiveStarLaw replied 6 years ago.

Hello,

I am happy to assist you.

No, a wife cannot sue a husband's mistress for alienation of affection in NYS. However there may be other causes of action for the wife to pursue.

You may have an action for the torts of intentional infliction of emotional distress and interference with contract (the marriage contract).

Intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.

To establish a prima facie claim for tortious interference with contract, a plaintiff must show the existence of a valid contractual relationship or business expectancy; the interferer's knowledge of the relationship or expectancy; intentional interference inducing or causing a breach or termination of the relationship or expectancy; and resultant damage to the party whose relationship or expectancy has been disrupted.

If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.

Best of luck.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE.

Customer: replied 6 years ago.
My daughter has 2 special needs children. Her husband was in a year long relationship. She has e-mails, nude photos etc. She just found out that on his last business trip,(last week)he was still seeing "the other woman". She found out by means of an e-mail this morning from the other woman. She only found out about his infidelity last month, and he told her it was over. She has suffered severe emotional trauma and pain.
Other than your answer is there anything else she can do?
Expert:  FiveStarLaw replied 6 years ago.
Is she getting a divorce? Are there marital assets?
Customer: replied 6 years ago.
There are no assets. She thought "they" were trying to save the marriage by counceling, etc. They are in terrible financial stress, due to therapy and medication for the children.
By the way the mistress lives in France. That's where he met her on a business trip, last year.
I am her mom and very concerned! I don't know what her plans are, but she is very close to a breakdown.
Expert:  FiveStarLaw replied 6 years ago.
Hello,

I am so sorry for her troubles.

It would be very difficult to sue and collect against a person living in France.

Unfortunately, her only remedy is to divorce her husband and obtain as generous a child support as is feasible.

I hope that this helps

Best of luck.

Bonus and Positive Feedback indicate a job well done.

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE.

FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36608
Experience: 25 years of experience helping people like you.
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