Can I be sued for being with a person’s spouse?

UPDATED: Oct 17, 2011

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Can I be sued for being with a person’s spouse?

I have been going out with a women who didn’t tell me that she was married until later. She mentioned that they are agreeing to divorce and I accepted the relationship. To get the point, her husband suddenly sent me a letter in the mail asking for compensation for mental damages and ruining a marriage; he mentions not to contact her. He even sent a picture that a detective agency took – invasion of privacy right? With her information, I met her after she left him; they already had many talks and agreed to divorce and he even admitted to her that he hated her. She calls and visits me, I don’t contact, etc.

Asked on October 17, 2011 under Family Law, New Jersey


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

Answered 11 years ago | Contributor

I think that what you are thinking go of is something known as "alienation of affection". This is a legal action based on any willful or malicious interference with marriage relations by a third party. However, not all states recognize the right to bring an alienation of affections lawsuit. It is usually viewed as not being relevant in today's society.  In fact, NJ  not allow an action of this type.

Asfor any invasion of privacy claim, you may or may not be able to bring one. Unfortunately, you did not give enough details. At this point, you should consult with a divorce attorney in your area as to your rights.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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