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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2983
Experience:  associate attorney
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I recently returned from a military deployment to the Middle

Customer Question

I recently returned from a military deployment to the Middle East. Upon returning I found that my wife of 25 years had been having an affair while I was deployed. She later stated she wished to pursue this relationship with her lover. I subsequently filed for divorce based on uncondoned adultery. I have served in the military during our entire marriage. This deployment was discussed thoroughly with my family and there were no indications of marital instability. The deployment was highly encouraged by my wife because I was to accompany our son who also deployed with the same unit to the same region so this was in no way any sort of separation. I want to sue the lover, not just for divorce leverage, but for retribution. Do I have a shot? By the way, I live in Mississippi.
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Only 7 states still have alienation of affection laws on the books which allow a wife or husband to sue a third party (male or female) for “willful and malicious interference” in the couple’s marriage. The 7 states that allow alienation of affection lawsuits are Hawaii, Illinois, Mississippi, New Hampshire, North Carolina, New Mexico, South Dakota, and Utah. So fortunately you do have a shot and can sue your wife's lover for damages but alienation of affection is not easy to prove because 3 very specific types of proof are required:

• Proof that there was actually some degree of love between the wife and her husband
• Proof that the husband’s love for his wife was alienated or destroyed
• Proof that willful, malicious, or intentional conduct on the part of the husband’s mistress contributed to, or caused the loss of that love.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?