Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Can I sue my wife or her lover for adultery? Im in SC but

Customer Question
Can I sue my wife...
Can I sue my wife or her lover for adultery? I'm in SC but it happened in West Virginia. I have file upon file of evidence.
Submitted: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
12/20/2010
Family Lawyer: AttorneyTom, Lawyer replied 7 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified



Even if you placed a deposit or have a subscription



Thank you for your question!


The torts of alienation of affection and criminal conversation allow a spouse to sue another spouse's paramour for adulterous activity.

Sadly, neither WV nor SC recognize alienation of affection lawsuits anymore. Though such lawsuits were once commonly recognized throughout the US, they are now disfavored and many states have taken action to eliminate such causes of action. Only the following states still recognize alienation of affection claims: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah. Of course, if adulterous conduct takes place in a state that recognizes the cause of action, a spouse may have a basis for such a suit in that state.

Adultery is grounds for divorce is SC. Further, if a spouse dissipates marital assets through adulterous activity, that can also affect property awards.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Ask Your Own Family Law Question
Customer reply replied 7 years ago
Will her adultery put her at a disadvantage when applying for custody of my child and will it affect who gets the house.
Family Lawyer: AttorneyTom, Lawyer replied 7 years ago



Even if you placed a deposit or have a subscription



Adultery can affect a custody battle. However, it's only a part of what courts consider. Ultimately, courts are supposed to focus on a child's best interests when establishing custody.

Use and possession of a marital home typically follows the child when a child is involved. This is to maintain stability for a child. However, both spouses retain their property interests in the home. In other words, if a house is paid off and worth $100,000 and the house is awarded to one spouse, the other spouse should receive that spouse's fair share of the marital home through the distribution of other assets (such as cash, vehicles, etc.).


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
AttorneyTom and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was married for 20 years (still married actually) my wife
I was married for 20 years (still married actually) my wife and I had two sons and she went on birth control and decided she did not want more children. So she pushed and pushed for me to get a vasect… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Who all can be named as a respondent in an alienation of
who all can be named as a respondent in an alienation of affections claim? How does that play out? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Do I have grounds to sue for alienation of affection if my
do I have grounds to sue for alienation of affection if my ex was having an affair 20 months before our divorce? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I am in NC and my wife has been lured away from our marriage
I am in NC and my wife has been lured away from our marriage by a guy . We had a good marriage, loving, the guy had been trying to divide us for months. He has since been influencing her to the point … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am exploring options of suing my exwifes boy friend for
I am exploring options of suing my exwifes boy friend for alienation of affection. The divorce was finalized in June and she admitted cheating on me during the marriage several times. The guys doesn't… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I became friends with a girl, Heather. She told me that she
I became friends with a girl, Heather. She told me that she lives with guy's named DJ. I asked them if they ever had sex and they always said no. Today they invited me to have sex with Heather's frien… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Looking for laws governing alienation of affection by
Looking for laws governing alienation of affection by elderly parent due to religious difference. Not allowed in home which belong to my deceased Dad and I grow up in … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
I had a short relationship with a woman who said her
I had a short relationship with a woman who said her marriage was over but it wasn't and I ended it. Then a few months after she announced she was pregnant. Now the child is around 5 years old and the… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can I sue my husband's mistresses/paramours for either
Good afternoon, can I sue my husband's mistresses/paramours for either criminal conversation or alienation of affection in New York?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
The wife shall have all exclusive use and possession to the
The wife shall have all exclusive use and possession to the following items of personal property all other trains and cars not mentioned in line 13 for benefit of minor child and all other household f… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Can I sue for alienation of affection if my husband is
Can I sue for alienation of affection if my husband is staying with another woman, I've had to put him out of our home due to his continuous cheating. The woman knows how was married and kept seeing h… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Last thing form for Motion for exclusive use and possession
Last thing form for Motion for exclusive use and possession of the marital home PLEASE. THANK YOU… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I'm trying to see if I can pursue alienation of affection
I'm trying to see if I can pursue alienation of affection during divorce in Alabama, my spouse as well as his mistress should both have to pay for their consequences in the distraction of my marriage … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I was looking at alienation of affection in NC but the
I was looking at alienation of affection in NC but the paramour lives in Texas … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I want to include adultery in the grounds for divorce. Does
I want to include adultery in the grounds for divorce. Does this answer really affect anything?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm being sued for alienation of affection by the husband of
I'm being sued for alienation of affection by the husband of a woman who I chatted with on line 2.5 years ago. I've never met the woman, it was simply an on line conversation. Frankly, I do not even e… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Can grounds of divorce be changed after filing no fault
can grounds of divorce be changed after filing no fault divorce due to irreconcievable differences of opinion?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
In the state of Tennessee "alienation of affection" was
In the state of Tennessee "alienation of affection" was stricken as a law sometimes in the late 1990's, since that time what would be the legal charges for past law.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x