Can I sue my wife for the debt she caused and/or for adultery?

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Can I sue my wife for the debt she caused and/or for adultery?

I’m in the military. I was in Korea serving our country for 2/8 month deployments. While I was overseas, I sent my wife money every month to pay the bills. When I returned, I found out that not only was she not paying the bills with my money, she decided she was going to move out to live in her hometown; thus implying divorce. Furthermore, she committed adultery and is pregnant. The child is not mine. We haven’t had sexual contact in over 8 months. She’s 3 months pregnant.

Asked on March 13, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Depending upon the state that you reside in, you might be able to sue your wife for adultery. Most states like California have eliminated this cause of action by statute as a basis for a civil lawsuit. I suggest that you consult with a family law attorney further about this issue.

As to filing suit against your wife for mismanagement of finances, I suggest that the best way to resolve this issue is in the allocation of debts and assets with respect to your marriage in the likely dissolution proceeding that will be filed by either you or her.


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