Legal Question in Family Law in New York
SuingMistress
My Questiod is ,
Can a wife who's husband has taken a lover sue the lover for punitive damages due to mental stress,pain, and suffering,depression in the state of n.y. .I have asked this question before but no one seems to be able to answer it .
THANK YOU
TAMMY MASON
2 Answers from Attorneys
Re: SuingMistress
Yes. There is a cause of action, as against a spouse's paramour, in NY and in most US States. It is more properly described as a "personal injury" or "equity" action rather than a domestic relations proceeding.
However, what would be the point??? Such an action would be considerably more costly in time, money and aggravation than the accompanying divorce action and the actual pain you suffered from the "wayward" spouse.
Also, such an action could expose you to ridicule in a way that you cannot at this time anticipate.
Instead, Get counseling, for your anger, desire to get revenge; and for (the end of?) your marriage. Then, gather all of your papers and Get a lawyer.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: SuingMistress
No. Most courts will not entertain causes of action for alienation of affection.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.