I Want to Sue My Husband’s Girlfriend, Can I?

2501049309_264d8132a8_bDid you catch that? My husband has a girlfriend and now we are getting divorced. I want to get back at both of them, can I sue her or get some sort of legal satisfaction out of this situation?

Well, probably not. The saying “what goes around, comes around” exists for a reason, but suing the new girlfriend is usually not one of them. It’s hard to legally do much about adultery in Florida. This is not the case in all states of course, and it was definitely something that came into play in the past. Now, adultery is not a ground for legal action.

Many people in this situation are looking for revenge. Suing your soon to be ex-spouse’s girlfriend is not going to be an option, though. The affair’s not going to have much to do with your divorce in a legal way, though it’s probably going to be a large issue in your social life and new life as a single person. If you’re a mom and share custody, it will definitely be something you can’t ignore. However, sadly, you can’t do much about it overall.

The only way the adultery could really affect your divorce proceedings is if you could prove that your husband squandered assets with her. Also, if he bought any property with her…whoa buddy that could be a thing. So get ready for some dirt to fly if these issues come into play.

If you are hoping to sue your husband’s girlfriend for breaking up your marriage and family…the court doesn’t usually get involved too much with that. However, you could try to go for pain and suffering of some sort like emotional distress, but you’d have to tack that on to another type of case usually because those are hard to prove. If you have a way to do that and want to drag the matter into court, you can always consult an attorney. But unfortunately, it could be a better use of your funds for a good therapist and some serious moving on. Not many attorneys would take this on.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

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