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Need to know if I can sue my husband and s mistress in the

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Need to know if I...
Need to know if I can sue my husband and his mistress in the state of California
Submitted: 2 years ago.Category: Family Law
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Answered in 14 minutes by:
12/13/2015
Family Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,527
Experience: since 1983
Verified

Thank you for your question.

I am sorry but the answer is No, California does not allow a lawsuit based on adultery (called "criminal conversation" in the statute).

California Civil Code:

43.5. No cause of action arises for:

(a) Alienation of affection.

(b) Criminal conversation.

(c) Seduction of a person over the age of legal consent.

(d) Breach of promise of marriage.

from

http://leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=43-53.7

I am sorry this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

If you want to divorce him, you can get a free consultation from some of the attorneys listed by location here. There is an overview of the process posted at

http://www.divorcesource.com/ds/california/california-divorce-laws-662.shtml

I hope this information is helpful.

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N Cal Attorney
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,527
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Experience: since 1983

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