Civil lawsuit due to infidelity?

[ucmbmustang]

I'm not divorced just yet, but after getting divorced, can I sue my wife for emotional distress and financial hardship due to her well documented affair/infidelity?

 

Is this possible in the state of CA?

 

Could a judge rule in my favor when it comes to marital property because she was the one who had the affair and caused our marriage to break up?

 

Thanks for any information or past experiences

[Tony T]

1. "I'm not divorced just yet, but after getting divorced, can I sue my wife for emotional distress and financial hardship due to her well documented affair/infidelity?"

 

No. There is a legal principle called "assumption of risk" under which in certain situations, like marriage, you assume the risk that something like this can happen and that is with legal stipulation. It's just like a football player who can't sue the other team if he gets tackled and breaks his neck. By playing football he is assuming the risk that this can happen.

 

2. "Is this possible in the state of CA?"

 

You can file anything anywhere but in CA it will be immediately dismissed a frivalous and without merit by the judge.

 

3. "Could a judge rule in my favor when it comes to marital property because she was the one who had the affair and caused our marriage to break up?"

 

No, California is a community property state and assets are split on the basis of the value of what was mutually acquired after the date of the marriage. In other words, if you had stock at the time of the marriage, you would keep its value as of that day but split the appreciation in value thereafter until the last day of your marriage. This is known as no fault divorce. In the old days, they had what they called "grounds for divorce" but divorce is so common now it's just "let's split and each take half and be happy."

[IRULE]

there is a law something to do with stealing of affections and you would sue him not her, not sure what states have it you can check it out.