Legal Question in Family Law in Tennessee

adultery

my spouse cheated on me with a young woman from Celina Tennessee and i am curious as to whether i have the right to legally pursue her for what she did to my life. it would seem that she is the only one involved that has not been punished. i have surely suffered for what my husband and her did to me and my children. my husband has been punished even to this day. she destroyed my life and was completely aware of his marital status when she slept with him and since has walked away to live and enjoy her little life.


Asked on 9/10/04, 4:16 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: adultery

Sorry to disappoint you after the message from Mr. Guth mentioned the cause of action of "alienation of affection", but that cause of action no longer exists in the state of Tennessee (or in most states).

Tennessee's courts ended that cause of action about 16 years ago and since then you have not been able to sue another person just because they have had an affair with your spouse or because they have somehow caused your spouse to lose interest in you or spend less time with you or money on you.

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Answered on 9/11/04, 10:08 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: adultery

Your husband committed adultery, not the other woman.

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Answered on 9/10/04, 4:28 pm
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: adultery

Within the law, a cause of action exists for "alienation of affection." However, these adultery-related actions are rarely prosecuted, because the parties prefer to fight it out in divorce court, rather than pursue a mistress. Most of your damages are going to be in the form of mental suffering and anguish, which unfortunately, are not the kind of quantifiable out-of-pocket expenses that courts generally recognize. You should not bring suit unless you can find at least one Tennessee appellate case that holds Tennessee recognizes such a cause of action and has awarded the victimized spouse damages. A librarian at a law library could help you with this research, or you might try the Internet.

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Answered on 9/10/04, 4:49 pm


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