What can I do legally if my wife cheated on me?
Asked by: Pearlie Hill II | Last update: November 3, 2025Score: 4.1/5 (50 votes)
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.
Can I sue my wife for cheating on me?
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, ...
What are my rights if my wife cheated on me?
1. You can file for divorce against your wife on the basis of adultery. Her chat messages can be used in the court to prove her infidelity. You can also prosecute the guy for adultery. If he is held guilty by the court he may be jailed.
What to do if my wife cheated on me?
- Calmly Confront Your Partner About Your Suspicions. Before jumping to conclusions, give your partner a chance to explain. ...
- Focus on the Facts Without Blaming. ...
- Allow Yourself to Feel and Name Your Emotions. ...
- Ask Your Partner Why They Cheated. ...
- Decide Whether You Want to Work It Out. ...
- Continue on Your Self-Care Journey.
What should a husband do if his wife cheated?
- 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.
- Be accountable. ...
- Consult a marriage counselor. ...
- Get help from several sources. ...
- Restore trust.
What Rights Do You Have If Your Spouse Cheats On You?
What can a man do if his wife is cheating?
- Accept Your Feelings.
- Don't Seek Revenge.
- Try to Take Care of Yourself.
- Avoid the Blame Game.
- Keep Your Kids out of It.
- Get Practical.
- Take It One Day at a Time.
- Seek Counseling.
Do you have to pay alimony if your wife cheats on you?
While the short answer is that a spouse's bad behavior doesn't affect alimony – there are exceptions. Many times, marital misconduct creates ripples across all parts of a couple's life. If those ripples are provable and significant, it might be considered as part of property division, child support, or alimony.
Can I get full custody if my wife cheated?
A custodial parent may have legal or physical custody, if not both. The court's goal is to protect and support children regardless of adults' relationships. An unfaithful spouse can still be a good parent under this legal standard. In many cases, an affair might have no bearing on the child's life.
Should you stay with your wife if she cheated on you?
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 happens if wife cheats on husband?
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.
Can you go to jail for cheating on your wife?
In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.
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.
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.
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.
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.
How do I deal with an unfaithful wife?
- Don't make any quick decisions.
- Take good care of yourself.
- Accept your feeling.
- Seek professional help.
- Be honest.
- Keep up hobbies and friendships.
- Don't play the blame game.
- Give yourself time.
When to give up on an unfaithful partner?
- Your partner doesn't apologize. ...
- Your partner won't take accountability or blames others for their actions. ...
- Your partner continues to see or communicate with their affair partner. ...
- Someone won't talk about the infidelity.
What is hysterical bonding?
Hysterical bonding occurs when someone in an abusive relationship feels a sudden urge to reconnect with their abuser, often after a traumatic event like a breakup or betrayal. Often, we find ourselves being paradoxically drawn to engage in intimacy with our partner and feel close to them.
Should you contact the person your spouse is cheating with?
In some cases, reaching out may give you clarity, as well as an opportunity to tell the unknowing affair partner that your spouse is, in fact, involved in a marriage. In other cases, contacting the person your spouse cheated with creates additional drama and makes your hurt feelings even worse.
What rights do you have if your spouse is cheating?
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.
Can you lose custody over infidelity?
California is a no-fault divorce state.
With that being said, infidelity typically has little to no impact on determining child custody. The spouse who was spurned by the affair cannot use being cheated on as a reason to deprive the other parent of custody.
What legal action can be taken against cheating spouse?
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.
Can your wife sue you for cheating?
Whether or not you choose to pursue a civil claim against your spouse for an extramarital affair, you might also be considering divorce. Since California is a no-fault divorce state, you would most likely cite irreconcilable differences, rather than adultery, as the reason for your divorce.
What happens in a divorce if the wife cheats?
Cheating Can Affect Spousal Support
If one spouse can prove that the other was unfaithful, the court may take that into consideration when deciding on the amount and duration of spousal support. In some cases, the court may even deny spousal support altogether.
How can a wife get alimony?
Your spouse can be ordered to pay you alimony if the judge finds that you were financially dependent on your spouse during the marriage (“the dependent party”).