Can I sue men that slept with my wife for emotional trauma and damages?

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Can I sue men that slept with my wife for emotional trauma and damages?

My wife was very unfaithful and slept with a lot of different men and I wanted to know if I can sue any or all of them for damages and or emotional trauma?

Asked on November 15, 2011 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas recognizes tort law-- which does provide for damages for emotional trauma related to certain intentional or negligent acts.... however... it will be a difficult claim under the basic facts that you describe without more.  If you can somehow develop that their whole purpose in sleeping with your wife was to cause you trauma, you might have a chance of getting there-- but it's still a slim chance.  Accepting this type of lawsuit could literally open the floodgates for thousands of duped spouses.  Even though you probably can't sue the men, you can sue your wife for divorce.  Texas is generally a "no-fault" divorce state, but the courts can take into consideration the fault of one spouse when deciding how to divide property.  Whether the men want to or not, they can be called into court to testify regarding their relationships with your wife. 


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