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Can I Sue My Husbands Lover for Emotional Distress?
Written by
Sandra Leber
March 2020
Written by
Sandra Leber
March 2020

Cheating can completely change your world and devastate your life, family, and even your children's lives. In the US, we have a cultural problem of cheating and lying. If your suspect your spouse is cheating, collect all of the evidence you can for any court proceedings that may occur. If you're legally married, you may end up being involved in divorce proceedings or if you live in a state where they allow criminal conversation and alienation of affection claims you may even be able to sue your spouse's mistress.

Collecting Evidence

You may be thinking to yourself, "I don't know how to catch a cheater, I'm not a detective." But what you may not realize is that catching a cheater is easier than you'd think, especially if you've been with that person for a long time. Cheaters often act suspiciously without even knowing they're doing it. If you're someone who doesn't usually ask questions about the whereabouts of your spouse, start asking and see how they react. When you're certain that something feels off about your spouse's responses or actions, before you start your accusations stay calm, take some time for yourself to cool off, and then start collecting evidence.

Where do you start? Start by checking their phone. If they have a password on their phone and you're not privy to it, try thinking of their other passwords, birthdays, and even the birthdays of your children. You can also try going on their computer and pulling up their recent search history to see if anything suspicious pops up. Most people don't know that when you search for an address or phone number on Google the address stays in the history. Look up any address and phone number you find and once you've got the name of the person who lives at that address, do a background check and search for their name in Google to see what information and social media profiles you can find.

Start deep-diving into deleted information on your spouse's phone, tablet, or computer. Applications often leave a trail of information that is stored in your phone's memory that you can access by going through the system settings. This information is rarely deleted. Gather any and all evidence of the affair through emails, text messages, photos, and hotel bills and start building your case.

Criminal Conversation

Claims for criminal conversation must include evidence that the parties involved were married legally and the marriage is deemed legal in the state in which the adultery occurred. There also must be evidence that the cheating spouse had sexual relations with the person they had an affair with. The spouse making the claim must have evidence that proves the affair took place.

Alienation of Affection

To make a claim against your spouse's lover for alienation of affection, you have to prove that both you and your spouse genuinely cared for each other before the affair occurred and therefore suffered irreparable harm from the affair. For the case to be admissible, the proof must indicate that the mistress acted maliciously and intended to cause alienation between the spouses. Additionally, the spouse that wasn't involved in the adultery must prove that they were damaged by the affair.

Do not attempt to engage with the mistress. If you've been personally injured by the mistress, you may be entitled to personal injury claims. For more information seek personal injury insight from an experienced personal injury lawyer. If you live in one of the states that allows you to sue your spouse's lover for alienation of affection or criminal conversation, seek out a good lawyer and be sure to gather as much evidence as you can to take before a judge. Don't suffer from someone else's mistake, take back your life and ensure that you're compensated for your losses.

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