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Ask Walter Your Own Question
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Can a wife sue her husbands mistress for ...

Resolved Question:

Can a wife sue her husband''s mistress for emotional distress, loss, ect?
Submitted: 9 years ago.
Category: Family Law
Expert:  Walter replied 9 years ago.


That will depend on a few factors.

What state do you live in?

Did this end the marriage or simply cause damages?


Customer: replied 9 years ago.
I live in Indiana. My husband asked for a divorce which I would not grant. I did have to leave a well paying job because of this (he asked me to leave our home by that weekend) and the domestic violence that came after. The damages are not simple, it has devisated my life. My husband and I are going thru counceling. But I will forever be changed, damaged by the acts of this woman.
Expert:  Walter replied 9 years ago.


I do not have good news, Family Code was enacted to abolish the right to bring an alienation of affection lawsuit in Indiana. You can not by law sue her for her actions.

You have the right to file for a separation and request not only that he leave the home but that he pay child support if there are children. Child support is a given if there are minor children and since you are the main caretaker there should be little issue of you retaining custody. You also have the right to request spousal support, in the end that is up to the judge and depends on the circumstances of the case.

As far as him telling you to leave the home you are not required to leave the home and I would suggest consulting with a lawyer before going any further.

I wish you the best,


Customer: replied 9 years ago.
I am not asking about my husband's "alienation of affection". I am asking about the damage this woman has caused to me in emotional/psycological damage. She invaded my home and my bed. She has caused me horrible pain and suffering. As a result of her actions I have had to leave a good paying job. My life has been damaged by this woman's actions.
Expert:  Walter replied 9 years ago.


Alienation of affection is the actions of the mistress not your husbands actions. When you sue for damages from a adulterous relationships that is termed alienation of the state of Indiana no one is permitted to bring forth a suit for damages stemming from a adulterous affair wither it be from your husband or his mistress.

I am sorry, I do wish I had better news. I have never agreed with this law but many states have adopted it to prevent people from being sued based on adultery.


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