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Divorce Tips: Alienation of Affection: Can I Sue My Spouse for Cheating on Me?
Manage episode 318166297 series 2935198
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Summary:
Utah is the one of just a handful of states that do actually allow you to sue your spouse for cheating, but winning these cases is quite rare, and it’s important to understand that Alienation of Affection cases are actually a civil lawsuit, not a family lawsuit. So the question isn’t CAN you, but SHOULD you move forward with an alienation of affection suit? I explain why I don’t usually recommend it, and what I DO recommend. Listen to find out.
Show notes:
Utah is the one of just a handful of states that allow you to sue your spouse for cheating, but there are very specific conditions, and winning these cases is quite rare. Alienation of affection cases are actually a civil lawsuit, not a family lawsuit, so if you really do want to make this case, you will likely need to hire a civil lawyer and not a divorce attorney. But SHOULD you move forward with an alienation of affection? I usually advise clients not to. You have to prove that the person who your spouse cheated with knew you were happily married, groomed and/or coerced your spouse into the sexual relationship with your spouse, and that this directly led to the divorce. It’s hard to prove that there were zero other issues in your marriage. And anything less than a sexual affair isn’t enough. You also have to show that there is emotional distress and damage as well as loss of consortium. You’re trying to show the judge that there is a financial loss that needs restitution. You must be confident enough in your case that you are willing to front the money for legal fees and attorneys. If you do win, you still have to figure out how to collect that money; if they don’t have money, is it even worth it? So when people ask me if they can hire me to sue their spouse, I usually explain that the better path is divorce. There is actually the ability to use “fault” in your divorce case, which is then when you could bring some of these things up, and that could help you get more alimony, so it’s a safer option. And if your spouse cheated and you aren’t able to get past, it may just be time anyway to get a divorce.
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