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Can I sue the woman my husband cheated with for alienation of affections?

Can I sue the woman my husband cheated with for alienation of affections?

Full question:

My husband committed adultery. Can I not only get a divorce and full custody, but also charge the other woman for all the pain and suffering she has caused in my home?

Category: Civil Actions
Date: 04/07/2025
State: Tennessee

Answer:

Alienation of affections is no longer available in TN.

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.

FAQs

What's the difference between infidelity and adultery?

Infidelity generally refers to a breach of trust in a relationship, often involving emotional or physical affairs. Adultery specifically means a married person engaging in sexual relations with someone who is not their spouse. While all adultery is infidelity, not all infidelity qualifies as adultery. The legal implications of each term can vary, especially in divorce proceedings.

Can I get full custody if my husband cheated?

In Tennessee, infidelity alone does not automatically affect custody decisions. Courts prioritize the best interests of the child when determining custody arrangements. Factors such as the child's well-being, the parents' ability to provide a stable environment, and the nature of the relationship with each parent are considered. Adultery can be a factor, but it's not the sole determinant.

What are your rights if your husband commits adultery?

If your husband commits adultery, you have the right to seek a divorce and potentially pursue alimony or property division. However, Tennessee does not allow for suing the other party involved in the affair for emotional distress. Your rights in a divorce will focus on asset division and custody arrangements rather than punitive measures against the other person.

What am I entitled to if my husband cheated?

If your husband has cheated, you may be entitled to a divorce, and you can seek alimony or a fair division of marital property. Tennessee law does not provide for damages against the other person involved in the affair. Your entitlements will depend on various factors, including the length of the marriage and your financial situation.

What is the difference between adultery and infidelity?

Adultery specifically refers to a married individual having sexual relations with someone who is not their spouse. Infidelity is a broader term that includes any breach of trust in a relationship, which can involve emotional affairs or other forms of betrayal. While both terms imply a violation of trust, adultery has a more defined legal context.

Can infidelity cause you to lose custody?

Infidelity alone does not typically result in losing custody of children in Tennessee. Courts focus on the best interests of the child, considering factors like the stability of the home environment and the parent's ability to care for the child. While infidelity may be a factor in the overall assessment, it is not a decisive reason for losing custody rights.