Can I sue my ex for cheating?

Asked by: Ms. Celine Sawayn  |  Last update: July 10, 2025
Score: 5/5 (2 votes)

In the past, people used to sue for things like “alienation of affection” or “criminal conversation,” but these days, those lawsuits are usually not successful. To win a cheating lawsuit, you would have to prove that the cheating caused you measurable harm, like money problems or feeling really upset.

Can I take my ex to court for cheating?

In California, infidelity is not a crime or tort (civil wrongdoing), meaning there is no legal consequences of committing adultery and you cannot file a lawsuit against your spouse for having an affair.

How to sue an ex for emotional distress?

To prevail, you need to show four elements:
  1. Your ex owed you a legal duty.
  2. Your ex breached the duty they owed to you.
  3. Your distress was a direct, reasonably foreseeable result of the breach (causation)
  4. The distress you suffered was severe (damages)

Can I sue my ex for giving me an STD?

Yes. A person can sue another for negligent (or intentional) transmission of a sexual disease. If you prove that you contracted the disease from your husband, you can recover damages for your medical expenses, future medical costs, and pain, suffering and loss of enjoyment of life.

Can you press charges on someone for cheating on you?

Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them.

Can You Sue Your Ex?

40 related questions found

Can I go to jail for cheating?

Although New York may be one of the more surprising states on the list, extramarital sex is considered a crime in 16 states and Puerto Rico. In those places, adultery is very rarely prosecuted, but the laws are strictest in Michigan, Oklahoma and Wisconsin, where adultery is considered a felony.

Can you press charges if someone hacks you?

Hacking may lead to criminal charges when a hacker accesses someone else's computer system without consent. For example, a hacker may use a phishing scam to install malware on a computer network. They may also install computer programs, allowing them to commit identity theft or steal confidential information.

What is the hardest STD to get rid of?

Herpes, HPV, HIV, and hepatitis B are currently incurable. However, management of disease progression, transmission, and some symptoms is possible.

Is not disclosing HSV 2 illegal?

Yes, it could be considered a crime if you knowingly have an infectious disease, like herpes, and engage in sexual penetration without first informing your partner about your condition. The law requires individuals to disclose communicable diseases before engaging in sexual activity.

Which STD is not curable?

Viruses such as HIV, genital herpes, human papillomavirus, hepatitis, and cytomegalovirus cause STDs/STIs that cannot be cured. People with an STI caused by a virus will be infected for life and will always be at risk of infecting their sexual partners.

How much can you get for an emotional distress lawsuit?

First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.

Can I sue my ex for defamation?

To successfully sue your ex-spouse for defamation, you must prove the following elements: Your ex made false and defamatory statements about you; The statements were published to a third party, and. The statements caused injury to your reputation.

Can you sue someone after a breakup?

You can file a personal injury claim based solely on emotional distress.

How to prove cheating?

How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.

In what state is adultery illegal?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

Can I sue him for cheating?

You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.

Can I sue someone for giving me HSV-2?

Can I Sue Someone for Giving Me Herpes? Yes. Someone who has herpes is obligated to disclose their condition with any sexual partner, whether it is a committed relationship or not. Failing to notify a sexual partner or failing to get tested for herpes if there is a possibility of infection is negligence.

Can I still give oral if I have HSV-2?

If the genital area of a person with HSV-2 makes physical contact with the mucous membranes in another person's mouth, the virus may enter the nervous system and lead to oral herpes. Similarly, HSV-2 can pass from the mouth of a person who carries it to the genital area of another person as a result of giving oral sex.

Can you be undetectable with HSV-2?

Many people have mild symptoms or none at all. More than 80 percent of those infected with HSV-2 or the herpes simplex virus 1 (which most commonly causes cold sores around the mouths and lips) are not aware that they carry the virus but can still spread the disease to sexual partners, according to the CDC.

What are the 2 deadliest STDs?

In this article, we will explore five of the most dangerous STDs and how they are treated.
  1. Human Immunodeficiency Virus (HIV) This is one of the most well-known and deadly STDs. ...
  2. Syphilis. ...
  3. Hepatitis. ...
  4. Chlamydia. ...
  5. Herpes.

Which STD is 100% curable?

SYPHILIS IS 100% CURABLE.

What's the easiest STD to catch?

Herpes. Herpes is one of the most contagious — and costly — STDs around.

Can you sue someone for tapping your phone?

If someone violates CIPA, it essentially amounts to wiretapping, and the person who recorded the conversation can face: Fines; Jail; and. A civil lawsuit.

Can you press charges for someone tracking your phone?

In the United States, several federal laws address the unauthorized tracking of cell phones: – Electronic Communications Privacy Act (ECPA): This act prohibits the unauthorized interception of electronic communications, including data from cell phones. Violations can result in criminal charges, fines, and imprisonment.

Can I press charges if someone takes my phone?

It is against the law to both take someone else's phone and break someone else's phone. In some cases it can even be a crime to destroy information stored on a phone. This is often occurs when an individual deletes information during a criminal investigation.