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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30362
Experience:  Lawyer
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Can you sue someone in a civil suit for lost of pay and

Customer Question

Can you sue someone in a civil suit for lost of pay and emotional stress for sleeping with my wife?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: PA
JA: Has anything been filed or reported?
Customer: Nothing has been filed but I am on the verge divorcing her and naming him as a 3rd party? I have phone logs of them talking? How would I go about getting extended phone records from the telephone company for more?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happened.

Pennsylvania unfortunately abolished these types of causes of action many years ago. Now, the only action a person can take against a cheating spouse is to file for divorce. Because your wife cheated, you do not need to wait through the separation period before filing - you can file a fault-based divorce. You can ask the judge to deny her alimony since she broke up the marriage through infidelity. You can ask that she be required to repay the marital estate for any money she spent on the affair, which could result in you getting more than 50% of the marital assets. But I'm afraid you cannot sue the man involved, and he is not a party to your divorce. The case here is against your wife, because she is the one who made a commitment to you by entering the marriage in the first place.

A local attorney can subpoena phone records for you, including text messages, if you're planning to file for divorce. You do not need a lawyer to file, but you would need one to get those records now. If you're OK waiting until after the divorce has been filed, you'd be able to get a blank subpoena from the clerk of the court and serve it on the phone company yourself. You're also allowed to schedule depositions for both your wife and the other man in order to get more information to handle the case. That's also done after the divorce is filed.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but I'm not able to call you. I am happy to answer follow-up questions on this page at no additional charge.

Customer: replied 1 year ago.
Did I mention that my wife is an alcoholic and she used to date this person and he now works for the FBI. Where they used to talk on the phone while he wes working. He picked her up on the day in question and of course she had been drinking and was intoxicated. Isn't there something called "conduct unbecoming". She is paying her dues by us going to consulling and he is just out there. There must be something I can do?
Expert:  Lucy, Esq. replied 1 year ago.

If you believe that he was acting in a manner that isn't consistent with the FBI's code of conduct, you can report him for that. That's really not a family law question. But that would not give you a separate cause of action. Your recourse here is to file for divorce if you and your wife aren't able to work things out.

If she was too intoxicated to consent to sex, that's different. That's rape. You could encourage your wife to file a police report.

Customer: replied 1 year ago.
what would she report, she was too intoxicated to make a sound judgment. What would happen after she report's it?
Expert:  Lucy, Esq. replied 1 year ago.

A person who is drunk legally cannot consent to sex. If that's what happened, police will investigate and decide whether to take action. They'll ask your wife a lot of questions to try to figure out how drunk she was, and if she was capable of deciding to engage in intercourse. If they find that she wasn't, he could be criminally prosecuted.

Customer: replied 1 year ago.
I have videos of her drunk, were she could not walk right and could not even stand. And she said ,"I ain't even drunk ". "I haven't even had a drink". I have a video 2 days b4 they hooked up with her yelling screaming drunk. If she will not file this report can I.
Expert:  Lucy, Esq. replied 1 year ago.

You can, but the fact that she was drunk 2 days before doesn't mean she was drunk at the time. Police are going to want some evidence that she was drunk at the time of the sex.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Customer: replied 1 year ago.
I am going to look at her bank receipts I am sure she
bought plenty of booze that week. and I would imagine that her mom or sister could be a witness to her being drunk.
Expert:  Lucy, Esq. replied 1 year ago.

Then you can let the police know, and they'll take over from there.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?