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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100427
Experience:  Lawyer
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I looking to go for damages from my husbands affair as I

Customer Question

I looking to go for damages from my husbands affair as I have incurred unecassary divorce cost because of their affair and her constant meddling
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: ontario
JA: Has anything been filed or reported?
Customer: he has filed application for divorce...
JA: Anything else you want the lawyer to know before I connect you?
Customer: more less i know i cant get anything dovirce wise but if the affair did not happen we would still be married. He nows with his mistress however she is meddling in the divorce and custody which is drawing out the process and making more costly than it need to be... he is suing for sole on the bases i am unfit because i cried when he told me
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

I am sorry to hear this.

Are you asking about suing the mistress?

Customer: replied 11 months ago.
or both her and my husband
Expert:  Debra replied 11 months ago.

Unfortunately, in Canada the law is very clear and you cannot sue a mistress for alienation of affection and in fact you cannot sue the mistress at all.

The only way you can sue your husband is through the divorce. You cannot sue him for having an affair or for causing you emotional harm but you can seek a fair division of assets and spousal support and child support and custody etc.

The court cannot take his affair into account when making financial decisions.

However, if his mistress is hurting your children or impacting on his way of parenting then her conduct or his conduct with her will be considered by the Court.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?

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