Can you sue your wife for cheating?

Asked by: Domenic Batz  |  Last update: April 3, 2025
Score: 4.2/5 (59 votes)

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.

What to do if your wife cheats?

Consider these steps to promote healing:
  1. Don't decide right away. Before choosing to continue or end a marriage, take the time to heal and understand what was behind the affair.
  2. Be accountable. ...
  3. Consult a marriage counselor. ...
  4. Get help from several sources. ...
  5. Restore trust.

Can you sue your wife if she cheats on you?

You can sue your spouse for infidelity, but not the other person. You can only sue someone for emotional distress if you can prove that their actions were done intentionally only to harm you.

What rights do I have if my wife cheated on me?

In the US, a spouse's adultery almost never matters in a divorce except as a ground for a contested divorce. Only a few states allow the divorce court judge to punish the adulterous spouse in some way. A minority of states are community-property states, meaning each spouse is entitled to 50% of the marital assets.

How hard is it to prove adultery in court?

Proving adultery can be tricky, as cheating spouses tend to act discreetly and take steps to hide their tracks. However you decide to go about it, you can prove your case using documentation of the adultery, like photos and videos, or circumstantial evidence.

Can You Sue Your Spouse If They Have Cheated on You?

21 related questions found

Can text messages be used in court to prove adultery?

According to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.

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.

Does your wife still get half if she cheats?

If a wife cheats during the marriage, then her spouse may be much less willing to negotiate and resolve this issue. Unfortunately, cheating does not impact what a wife is entitled to during the divorce, so an unfaithful spouse is still entitled to half of all community property.

Is it illegal for your wife to cheat on you?

Is Cheating On Your Spouse Breaking the Law? Adultery is technically a crime in 16 states. While the penalties could include fines or jail time, these laws are rarely enforced.

What to do if your wife commits adultery?

Hire an experienced and licensed Private Investigator (PI). Many attorneys will require you to hire a PI to take on your case as you need proof from a 3rd party that your spouse is truly cheating. Taking pictures of your spouse's text messages with their adulterer/adulteress is not enough proof.

Can you sue for emotional distress for cheating?

While you can't file a lawsuit just for emotional distress, if you win your case for criminal conversation or alienation of affection, you can be compensated for the damages, including emotional distress, that you suffered. Compensatory damages are monies that the court can award you to make you whole again.

Can you go to jail if you cheat on your wife?

It may seem surprising, but cheating on your spouse is illegal in over a dozen states. In New York, where adultery is classified as a Class B misdemeanor that is punishable by up to 90 days in jail and a $500 fine, legislators are considering repealing the 1907 state law.

What states are homewrecker laws in?

Have you ever wanted to sue someone you believe broke up your marriage -- a "homewrecker?" Well, in six states -- Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah -- you can. In those six states, the "Alienation of Affection" claim is an option.

Should I stay with my wife if she cheats?

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.

How do you deal with a woman who cheated on you?

How to cope with being cheated on
  1. Don't jump to conclusions. ...
  2. Accept the situation and that it's going to be tough. ...
  3. Put yourself first. ...
  4. Surround yourself with your loved ones. ...
  5. Try to avoid the drama. ...
  6. Don't make decisions out of fear. ...
  7. Take a mini-break from socials. ...
  8. Ask for (professional) help if you need it.

Can a man who cheats on his wife still love her?

A man can cheat and still wholeheartedly love his wife. Infidelity can happen even in happy marriages, and it's important to understand that it's not your fault. There's no one right answer to how you move forward from betrayal. You already know the options: You can forgive and work on the relationship or end it.

Can I sue wife for cheating?

The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.

In what states is adultery a felony?

Most states that still have adultery laws classify them as misdemeanors, but Oklahoma, Wisconsin and Michigan treat adultery as felony offenses. Several states, including Colorado and New Hampshire have moved to repeal their adultery laws, using similar arguments as Assemblyman Lavine.

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.

Can a wife love you and still cheat?

Love and infidelity can, despite what most believe, coexist. This might seem confusing and contradictory, but that is what a paradox is. But to make sense of your experience and her choices, you must wrap your mind around it.

Do judges care about adultery in divorce?

Unfortunately, these days, Judges are often somewhat indifferent toward adultery if it doesn't negatively affect the children involved. A Judge would be concerned if this person is dangerous, such as engaging in the use of drugs or abusing the children.

Do cheating spouses cheat again?

No, cheaters do not always cheat again. While infidelity can indicate a breach of trust in a relationship, it's essential to recognize that people can change and learn from their mistakes.

Can I divorce my wife if I cheated?

But if you have cheated on your spouse, you should know that all hope is not lost. You may still obtain a favorable outcome upon divorce with the help of an experienced and trusted divorce attorney.

Do you get more money in a divorce if you were cheated on?

The reason why you get a divorce has absolutely nothing to do with how much money you do or do not get. 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.

Does cheating affect divorce settlement?

California is a community property state. This means the court typically views assets and debts acquired during the marriage as the property of both spouses. Courts don't split assets as punishment for things like adultery.