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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29814
Experience:  Attorney with experience in family law.
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Am I able to sue my husbands mistress who was his coworker

Customer Question

Am I able to sue my husbands mistress who was his coworker and caused our forty year marriage to end? Can I sue the non profit organization for letting it to continue even though there were moral laws in his contract and the whole board of directors knew me and allowed it to continue and eventually end my marriage of 40 years?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

We have recently implemented a new payment and feedback system. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a lower rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.

Unfortunately, no, you are not able to sue the mistress. Texas Fam. Code, Sections 1.106-1.107 specifically abolished these types of lawsuits. There is also no legal basis for suing the non-profit organization. They have no ability to control either your husband or his mistress. The contract is between the company and your husband - you're not a party to the contract, and the company does not owe you as the wife any duty, so, unfortunately, there is no legal basis for suing the company. What you can do is sue your husband, as the person in this scenario who had a legal obligation to you which he violated. But, as a matter of public policy, the law has decided that it a spouse cannot recover from a third party where a marriage ends. I'm sorry.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Expert:  Lucy, Esq. replied 4 years ago.
As I stated initially, you are being asked to rate my courtesy and professionalism, and not whether the law provides you the legal outcome that you would like. This is because I have absolutely no control over the law, and I unfortunately am not able to change it to suit you. So, again, please do not rate the lower two ratings based on the fact that the law does not support your position. Those ratings are only appropriate if you feel that my service is rude or otherwise inadequate in some way that I do have the ability to control. When you choose either of those, it reflects poorly on me as an individual, and it's simply unfair to me.

With that said, and keeping in mind that I have no ability whatsoever to change the law, what additional information would you like, or how can I assist further? My goal is to ensure that you are 100% satisfied with the service provided, even where the law is not on your side.