What states are the homewrecker lawsuit in?
Asked by: Emilio Nikolaus | Last update: June 1, 2026Score: 4.2/5 (62 votes)
"Homewrecker" lawsuits, formally known as alienation of affection claims, are permitted in a handful of U.S. states, primarily North Carolina, Mississippi, Hawaii, South Dakota, and Utah, with New Mexico being a bit of a gray area where they've been debated but not fully abolished, while some states like Illinois sometimes appear on lists but have varying legal standing. These lawsuits allow a spouse to sue a third party for interfering with their marriage, a legal concept most states have discarded but still exists in these few places.
In what states can you sue a homewrecker?
These are the regions where an affair could get you sued under an alienation of affection claim:
- Hawaii.
- Mississippi.
- New Mexico.
- North Carolina.
- South Dakota.
- Utah (but as of last week, its state legislature is considering abolishing the law.)
How many states have a home wrecker law?
Many might not realize that seven states still recognize a law that effectively allows a spouse to sue anyone who may have played a part in ending their marriage. So, for residents in Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah, the “alienation of affection” claim is an option.
What states can a spouse sue for infidelity?
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).
In what states can you send your spouse to jail for cheating?
Here's the full list of states where it's still illegal to cheat on your spouse according to Woman's Day. Arizona, Florida, Kansas, Illinois, Massachusetts, Oklahoma, Idaho, Michigan, Wisconsin, Minnesota, Utah, New York, Mississippi, Georgia, South Carolina, and North Carolina.
You Can Sue Your Marriage's Homewrecker in some states
What kind of evidence do you need to prove adultery?
To prove adultery in a divorce, you generally need to show both opportunity and inclination, using strong circumstantial evidence like text messages, emails, financial records (hotel bills, gifts), social media posts, or testimony, often gathered by a private investigator, to prove the relationship went beyond mere emotional connection to include sexual intercourse, with courts usually requiring "clear and convincing" proof.
What is the biggest mistake in divorce?
The biggest mistake during a divorce is letting emotions drive major decisions, leading to poor financial choices, using children as pawns, or getting sidetracked by minor issues, which can cost you significantly long-term; other key errors include failing to get a lawyer, not understanding finances, and making rash decisions like draining joint accounts or resuming intimacy. Staying rational, focusing on your future, and getting professional financial and legal advice are crucial to avoid these pitfalls.
What states don't allow cheating?
Just don't cheat in Wisconsin!
- Arizona. ...
- Florida. ...
- Illinois. ...
- Idaho. ...
- Kansas. ...
- Minnesota. ...
- Massachusetts. ...
- Michigan.
What is the 10 10 10 rule for divorce?
The 10/10 rule in military divorce determines if a former spouse can get direct payments from a military pension; it requires the marriage to have lasted 10 years or more, overlapping with 10 years or more of the service member's creditable military service, allowing Defense Finance and Accounting Service (DFAS) https://www.dfas.mil/Garnishment/usfspa/legal/ DFAS to send their share of the pension directly, otherwise the service member pays the ex-spouse directly. This rule, under the Uniformed Services Former Spouses' Protection Act (USFSPA) (USFSPA), doesn't affect eligibility for pension division but dictates how the payment is made, ensuring more reliable payment to the former spouse.
What is the hardest state to get a divorce in?
There isn't one single "hardest" state, as difficulty depends on factors like waiting periods, residency, cost, and contested issues, but Vermont, Arkansas, Rhode Island, South Carolina, California, and New York are frequently cited as challenging due to lengthy separation requirements (like Arkansas's 18-month mandatory separation), high costs (California), or complex legal processes (Vermont's multi-stage waiting).
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.
Can I sue the woman my husband cheated on me with?
The only way to sue someone your spouse had an affair with is to file a claim against them for intentional infliction of emotional distress. It is very difficult to file this type of claim during or after divorce.
What evidence is needed to prove emotional distress?
Proving emotional distress involves gathering evidence like medical records (diagnoses, therapy notes), personal journals detailing symptoms (anxiety, sleep loss), witness statements (family, friends describing behavior changes), and sometimes expert testimony from mental health professionals, all to show a direct link between another's actions and your severe, lasting emotional suffering that often manifests with physical symptoms like fatigue or headaches.
Is a wife entitled to half if she cheated?
Generally, cheating doesn't automatically prevent a spouse from getting half the marital assets in a divorce; courts focus on fair (equitable) distribution, not punishment, but infidelity can matter if marital funds were spent on the affair (marital waste), potentially leading to reimbursement, and some fault-based states might consider it. Most states prioritize an equal division of marital property, meaning the unfaithful spouse still gets their share unless specific financial misconduct occurred, notes Right Lawyers and Sarieh Family Law.
What's the difference between infidelity and adultery?
Infidelity is the broad term for breaking trust in any committed relationship (emotional or sexual), while adultery is a specific type of infidelity involving sexual intercourse with someone other than your spouse, often carrying legal or formal connotations. Think of infidelity as the umbrella term for any betrayal (emotional affair, inappropriate intimacy) and adultery as the specific act of sexual betrayal within marriage, making adultery a form of infidelity, but not all infidelity is adultery.
In what states is adultery still illegal?
These include the Carolinas, Georgia, Mississippi, New York, Utah, Minnesota, Wisconsin, Michigan, Idaho, Oklahoma, Massachusetts, Illinois, Kansas, Florida, and Arizona. Some states consider adultery to be grounds for divorce while others don't.
Is sexting considered adultery in Florida?
If you started sexting with another person outside of your marriage it is not automatically considered adultery under Florida law. However, in the event of a divorce case between you and your spouse, your spouse could use the text messages as evidence of adultery.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
What is the 7 7 7 rule in marriage?
The 777 rule for marriage is a relationship guideline for consistent quality time: a date night every 7 days, a weekend getaway (or night away) every 7 weeks, and a romantic holiday (vacation) every 7 months, designed to keep couples connected, break routines, and foster emotional intimacy by intentionally scheduling fun and reconnection, not just fancy outings.
What are the 3 C's of divorce?
The "3 C's of Divorce" usually refer to Communication, Cooperation, and Compromise, emphasizing a less adversarial approach to resolve issues like child custody, asset division, and finances, often focusing on co-parenting effectively for the children's well-being. Another variation uses Communication, Compromise, and Custody, highlighting the key areas needing resolution, especially when kids are involved. The core idea is to move from conflict towards agreement, especially for the sake of children.
Are text messages enough to prove adultery?
Adultery can be proven using circumstantial evidence. What type of evidence might suffice to prove adultery? Your spouse's own statements, in text messages or e-mails, would potentially be powerful evidence as to whether he or she had sex with the new person. But the exact wording of the messages is very important.
How does an adulterer repent?
Repenting for adultery involves deep acknowledgment, genuine remorse, confessing to your spouse, ending the affair completely, and taking tangible steps for transformation like counseling, prayer, and rebuilding trust through accountability and consistent change, focusing on internal change (heart) and external actions (repairing the relationship). It's a process of stopping the harmful behavior, seeking God's forgiveness, and committing to a new, faithful path.