Do I have to go to court if I was the third “wheel” in adultery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to go to court if I was the third “wheel” in adultery?
The wife has a video of me and her husband and said she would take me to court.
Asked on December 29, 2011 under Family Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I assume that you are referring to what is known as "alienation of affections". In some jurisdictions the spouse who was cheated on (i.e. the “injured” spouse), can still bring legal action against the party that the other spouse cheated with. This type of legal action charges someone with the intentional and malicious interference with marital relations.
While a few states still do recognize alienation of affection actions, most states have done away with this type of lawsuit; it is considered to be archaic. And fortunately for you TN is such a state. However, while you cannot be sued, the spouse that you cheated with might have their alimony or custody rights affected in a divorce.
For further you need to consult directly with a divorce attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.