Full question:
My wife and I live in Virginia. She is having an affair with a man in Pennsylvania, which I have documented through email contact. Can I sue him for adultery and/or damages? Do I have any recourse against him?
- Category: Divorce
- Date:
- State: Virginia
Answer:
At one time, interference with a marital relationship, typically through an adulterous affair, was grounds for an alienation of affection claim. Currently there is no specific law that creates a claim against the third party in Virginia or Pennsylvania.
Alienation of affections is a legal term for convincing a wife to leave her husband, often for another man, causing the husband to lose conjugal relations. Alienation of affections was a civil wrong for which a deprived husband could sue the party convincing the wife to leave, but the right to sue has been abolished in almost all states including Virginia.
Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah are the only states that still recognize it as a cause of action as of this writing.
The Virginia statute that abolish such a claim is:
8.01-220. Action for alienation of affection, breach of promise, criminal conversation and seduction abolished.
A. Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968.
B. No civil action for seduction shall lie or be maintained where the cause of action arose or accrued on or after July 1, 1974.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
