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Does my husband's mistress get any or could she get any

Customer Question
Does my husband's mistress...

Does my husband's mistress get any or could she get any money for emotional damage or anything like that for not knowing he was married

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet

Lawyer's Assistant: Family law varies by state. What state are you in?

Ca

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/17/2018
Family Lawyer: RobertJDFL, Lawyer replied 4 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,209
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 4 months ago
Thank you
Family Lawyer: RobertJDFL, Lawyer replied 4 months ago

Good afternoon,

I would say it's extremely unlikely. Emotional distress is a term people like to throw around, but legally, it's very hard to establish. To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that:

  • The defendant's conduct was outrageous,
  • The conduct was either reckless or intended to cause emotional distress; and
  • As a result of the defendant's conduct the plaintiff suffered severe emotional distress

Under California law, emotional distress can include (but is not limited to):

  • suffering,
  • anguish,
  • fright, horror,
  • nervousness,
  • grief,
  • anxiety,
  • worry,
  • shock,
  • humiliation, and
  • shame.

But to be recoverable under California's “intentional infliction” law, emotional distress must be severe. “Severe emotional distress” is not mild or brief. It is distress so substantial or long-lasting that no reasonable person should be expected to bear it. In other words, it goes far beyond just some hurt feelings. While not required, often to establish emotional distress, a plaintiff has to show some form of treatment, counseling, medical intervention, etc.

In addition, she would have to show that your husband acted with "reckless disregard" in entering into the relationship and not revealing that he was married. Reckless disregard essentially means she would have to prove that he knew that not telling her would cause her severe emotional distress.

So, bot***** *****ne - she can threaten it, she can say she was hurt and shamed, etc....but proving it is another thing.

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Family Lawyer: RobertJDFL, Lawyer replied 4 months ago

One other thing that most people don't think about when they make threats about bringing a legal cause of action is that court cases are public record. And when they hear that their "dirty laundry" would be part of a public record forever for anyone to simply be able to go to the courthouse and get copies of court documents, they tend to rethink things.

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Family Lawyer: RobertJDFL, Lawyer replied 4 months ago

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