Can I sue my husband for cheating?

Asked by: Dee Dooley  |  Last update: April 27, 2025
Score: 4.7/5 (39 votes)

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.

What are my rights if my husband is cheating?

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

In what states can you sue your spouse for cheating?

Actually, six states allow a lawsuit for tortious interference with marital relations. These states are Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah. New York is not one of them.

What to do if your husband keeps cheating on you?

8 Tips for Coping When Your Partner Is Unfaithful
  1. Accept Your Feelings.
  2. Don't Seek Revenge.
  3. Try to Take Care of Yourself.
  4. Avoid the Blame Game.
  5. Keep Your Kids out of It.
  6. Get Practical.
  7. Take It One Day at a Time.
  8. Seek Counseling.

Can I take my husband to court for cheating?

Should you be able to sue a cheating partner for breach of marriage contract? You can. It's called legal separation or divorce. In fact, either separation or divorce has always been the only way to sue for breach of a marriage contract. Formerly, courts were allowed to punish spouses who committed adultery.

What Rights Do You Have If Your Spouse Cheats On You?

15 related questions found

Can you sue a cheating spouse for emotional distress?

Intentional Infliction of Emotional Distress.

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 a spouse go to jail for cheating?

In practical terms, committing adultery poses very little threat of prosecution, but it could have civil consequences, such as impacting custody battles during a divorce, says Melissa Murray, law professor at the University of California-Berkeley.

What does God want me to do if my husband cheated?

You need to be angry at the sin and angry at your spouse for sinning. God hates sin and you should as well. You should have righteous anger at the adultery. It is an infraction toward God, you, and your children.

Should you stay with a spouse who cheated?

Only you can decide if you should stay or leave if your partner has cheated on you. Cheating doesn't have to mean the end of the relationship, particularly if it was truly a one-time thing and your partner is genuinely regretful and remorseful.

What to say to a cheater to hurt them?

Tell him clearly and honestly that he hurt you. He'll feel horrible once he realizes the damage he's done to your feelings and your relationship. Show him you're upset by giving him the cold shoulder or even breaking up. Hang out with other guys or update your look to make him jealous.

How much can you sue for infidelity?

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 does suing for emotional distress work?

In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.

What state is infidelity 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 get money if my husband cheated?

So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that. Infidelity can play a part in how much money you do or do not get if there is either a financial gain or dissipation of marital assets resulting from the infidelity.

How to prove infidelity in court?

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.

Does a cheating wife get alimony?

Adultery can be taken into account when deciding the amount of alimony to be granted. In some cases, a spouse can be denied alimony if they have committed adultery, or be obligated to provide alimony if they engaged in infidelity. However, adultery alone will not decide the spousal support argument.

When to give up on an unfaithful partner?

Here are some signs that the relationship isn't worth saving and it's time to leave:
  1. Your partner doesn't apologize. ...
  2. Your partner won't take accountability or blames others for their actions. ...
  3. Your partner continues to see or communicate with their affair partner. ...
  4. Someone won't talk about the infidelity.

What can a wife do to a cheating husband?

17 practical tips to stay strong and deal with a cheating husband
  1. Get all the facts straight.
  2. Confront.
  3. Let the truth sink in.
  4. Leave the kids out of it.
  5. Don't confront the other woman.
  6. Realize that it's never your fault.
  7. Allow him to explain and listen.
  8. Call in some support.

Do cheaters ever change?

Is it possible for a cheater to change? Yes? (said with upspeak). It depends. In order for your partner to change, she has to experience SIGNIFICANT consequences from this – enough to qualify as a 'major life event.

What is God's punishment for adultery?

The basis for punishment of stoning specifically for adultery is clearly provided in Leviticus (20:10-12) which reads: "If a man commits adultery with another man's wife, even with the wife of his neighbour, both the adulterer and adulteress must be put to death...." Further, in Deuteronomy (22:22-24), it is stated ...

What are my rights if my husband cheated on me?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

What is the karma of a cheater?

What is cheaters' karma? Cheaters' karma is the concept that those who betray a partner's trust by infidelity will eventually experience some form of negative consequence as a result of their actions. It's a twist on the old adage “what goes around comes around,” applied specifically to the realm of relationships.

Can you sue for being cheated on?

Filing an alienation of affection lawsuit requires proof that your marriage was a happy and loving one and that the third party intentionally destroyed your marriage. Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them.

How to prove a spouse is cheating?

Provide evidence.

Using photos, sexting dialogue on your spouse's phone, credit card statements with mysterious charges, hidden email accounts, or dating apps on their phone to hook up with others, you can prove the affair. Show them that evidence.

Is cheating a reason for divorce?

In conclusion, while cheating may be a common issue in divorce cases, Raiford Palmer believes that it is often a symptom of underlying problems within a relationship, rather than the sole cause of divorce.