Can I sue my wife for cheating in the USA?
Asked by: Letitia Koelpin DDS | Last update: February 14, 2026Score: 4.7/5 (6 votes)
You generally cannot directly sue your wife just for cheating in most U.S. states, as most divorces are "no-fault" (irreconcilable differences); however, you might sue her (or the third party) in some states under specific torts like Alienation of Affection or Intentional Infliction of Severe Emotional Distress (IIED) if the actions were extreme, or use adultery as "fault" grounds to influence divorce outcomes like alimony or property division, but it's complex and state-dependent.
What should I do if my wife cheats on me?
Discovering your wife cheated is devastating; the first steps involve allowing yourself to feel emotions, taking care of yourself, and avoiding impulsive actions like revenge, while deciding whether to seek counseling to potentially save the marriage or prepare for separation, keeping kids out of it, and focusing on self-care and professional guidance.
What can I do legally if my wife is cheating?
You can file for divorce on the grounds of adultery and cruelty. If adultery is proven, you are not obligated to pay alimony. You can also file for child custody if required. Additionally, if you have faced any form of domestic abuse, you may consider filing a domestic violence case.
Is cheating on a spouse a crime in the USA?
Adultery is illegal in a few states, including Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Michigan, Mississippi, Oklahoma, South Carolina, and Wisconsin. It's charged as a misdemeanor in most states but qualifies as a felony in Michigan, Oklahoma, and Wisconsin.
Does wife get half in divorce if she cheated?
Generally, cheating doesn't automatically change asset division to less than half, as most US states focus on "no-fault" grounds, but infidelity can impact a settlement if the cheating spouse spent marital money (wasted assets) or if you're in a "fault" state where adultery is considered, potentially affecting alimony or asset share if tied to financial misuse, though child custody is rarely affected unless safety is at risk.
What Rights Do You Have If Your Spouse Cheats On You?
What am I entitled to if my wife cheated?
No, you do not get more money in a divorce if they cheat. Infidelity does not allow one spouse to take more than an equal share of marital property, and any attempt to gain an advantage in court will require large sums of money and long waiting times.
What is the 80/20 rule in infidelity?
The 80/20 rule in the context of cheating suggests that people often cheat to find the missing 20% of fulfillment they feel their primary partner doesn't provide, while overlooking the 80% of needs that are met. This theory, adapted from the Pareto Principle, explains infidelity as a search for perceived deficits (excitement, validation, physical attributes) in someone new, often leading to the loss of the stable, satisfying 80% in the existing relationship, as seen in movies like Why Did I Get Married?.
What states don't allow cheating?
Just don't cheat in Wisconsin!
- Arizona. ...
- Florida. ...
- Illinois. ...
- Idaho. ...
- Kansas. ...
- Minnesota. ...
- Massachusetts. ...
- Michigan.
What proof do you need to divorce for adultery?
In jurisdictions where adultery is a ground for divorce, the plaintiff must typically prove the adultery to the satisfaction of the court. This proof often requires more than just an admission and may include evidence such as photographs, texts, emails, or witness testimony.
Can a wife go to jail for cheating?
Here's the truth 👇 ⚖️ Adultery is still illegal in several states — including Florida, Michigan, Oklahoma, Wisconsin, and a few others. ⚠️ While prosecutions are rare, it can technically lead to fines or even jail time.
Can my husband get custody if I cheated?
Judges try to make fair decisions for children regardless of the parents' situation. Even in a contentious divorce or custody battle, the court's role is neutral. It bases custody arrangements on factors relevant to the child's care. Adultery affects child custody if it creates a negative impact on the child.
How to tell when your wife is done with you?
You can tell your wife might be done with the marriage through signs like ** severe communication breakdown (stonewalling, contempt), disappearance of affection and intimacy, emotional withdrawal (spending more time alone, creating distance), indifference to your future or problems, and increased criticism or disrespect**, indicating she's emotionally checked out and no longer willing to work on the relationship, often preparing for a life without you.
What is the law if wife cheats on husband?
Adultery is a valid ground for divorce available to both the husband and the wife under India's personal laws, including the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. A single proven act of infidelity is sufficient to file a petition for divorce.
Can I sue my wife if she cheats on me?
Short Answer: No. As mentioned above, technically, the other person involved in the cheating could be charged with a crime; however, for the reasons stated above regarding the unlikelihood of having your spouse charged with adultery, it would be even more unlikely that the other person would be charged.
Can a man forgive a cheating wife?
It is not easy to forgive a cheating partner, but the decision has to come from you. In order to do so, you must have open communication with your partner or spouse regarding the reasons for infidelity and if both are willing to commit to making the relationship work in the future.
How to deal with the cheating wife?
Dealing with a cheating wife involves prioritizing self-care, allowing yourself to feel and process emotions without self-blame, and seeking professional help like couples counseling to understand the "why" and decide on the future, whether that's reconciliation or separation. Key steps include calmly confronting her, focusing on your own well-being (exercise, routine), getting tested if necessary, being honest with yourself and her, and avoiding rash decisions or involving children in the conflict.
What are the four behaviors that cause 90% of all divorces?
The four behaviors that predict divorce with over 90% certainty, known as the "Four Horsemen," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship researcher John Gottman; these toxic communication patterns erode a marriage by destroying trust and connection, with contempt being the most damaging.
Are text messages enough to prove adultery?
In family law, text messages are often used as evidence. They can show details about the relationship, communication patterns, or actions that are relevant to your case. Courts can consider text messages to support claims of infidelity, financial issues, or even child custody matters.
What is the biggest mistake in divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
What states can you sue for cheating?
Six U.S. states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah) allow the possibility of the tort action of alienation of affections (brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage).
Is my wife entitled to half if she cheated?
Generally, a wife who cheats still gets half of the marital assets in a divorce because most U.S. states are "no-fault," focusing on fair, not punitive, division based on financial factors, not morality; however, infidelity can affect outcomes if marital funds were spent on the affair or in fault-based states, though typically it doesn't change the 50/50 asset split.
What US state has the highest infidelity rate?
Infidelity rates vary by survey, but recent studies point to Hawaii, Louisiana, Kentucky, and Alaska often ranking high for partners admitting to cheating, while Texas, Alabama, Nebraska, Florida, and Georgia also appear frequently in top lists, alongside cities like Miami and Orlando. These findings often stem from polls on dating/infidelity sites (like Ashley Madison) or relationship surveys (like NapLab's) asking users about their experiences.
What is the 2 2 2 2 rule in marriage?
The 2-2-2 rule is a relationship guideline for couples to maintain connection by scheduling intentional time together: a date night every 2 weeks, a weekend away every 2 months, and a week-long vacation every 2 years, helping to prioritize the relationship amidst daily stresses and routines. It's a framework for regular quality time, communication, and fun, originating from a Reddit post and gaining traction for preventing couples from drifting apart by focusing on consistent connection.
Can someone truly love you and still cheat?
Yes, it is possible for someone to love you and still cheat, as love alone doesn't guarantee loyalty or self-control; infidelity often stems from underlying issues like low self-esteem, past trauma, emotional insecurity, addiction, or poor coping mechanisms, leading to actions that contradict their loving feelings. Cheating is a complex behavior driven by internal factors, not necessarily a lack of love, though it's a profound breach of trust.
Does adultery go on your record?
The state of California is a no-fault divorce state and does not have a law that defines adultery as a criminal act. Under the no-fault divorce law it does not matter who caused the marriage to fail.