Can a wife sue the “other woman” if she lives in another state?

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Can a wife sue the “other woman” if she lives in another state?

Asked on July 4, 2015 under Family Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In some states, the spouse who was cheated on can sue for something called "alienation of affection". This is a type of suit filed when a spouse who was cheated on sues a third party essentially for stealing their spouse and breaking up the marriage.

The cheating spouse and the third party do not even have to have a sexual relationship - just convincing a spouse to leave the other can result in their being held liable. Another suit is one for "criminal conversation." In this type suit, the innocent spouse again sues, however for the suit to proceed, there must have been a sexual relationship which began prior to the married couple's separation.

Though alienation of affection and criminal conversation suits are not very common, they do exist. You can google the name of your state and "alienation of affection", to fin out if you can pusue such a cause  of action in your tate. And it he third party lives in another state, it would also have to alloe this type of suit, so you would have to google that as well. You can consult directly with a divorce attorney for further information.


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