Do I have to go to court if I was the third “wheel” in adultery?

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Do I have to go to court if I was the third “wheel” in adultery?

The wife has a video of me and her husband and said she would take me to court.

Asked on December 29, 2011 under Family Law, Tennessee

Answers:

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

Answered 9 years ago | Contributor

I assume that you are referring to what is known as "alienation of affections". In some jurisdictions the spouse who was cheated on (i.e. the “injured” spouse), can still bring legal action against the party that the other spouse cheated with. This type of legal action charges someone with the intentional and malicious interference with marital relations. 

While a few states still do recognize alienation of affection actions, most states have done away with this type of lawsuit; it is considered to be archaic. And fortunately for you TN is such a state. However, while you cannot be sued, the spouse that you cheated with might have their alimony or custody rights affected in a divorce. 

For further you need to consult directly with a divorce attorney in your area.


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