Can I Sue My Wife for Cheating on Me?

When you find out your spouse has cheated, it’s painful and confusing.

You may be asking, “Can I sue my wife for cheating on me?”

The answer depends on where you live and other details of the situation.

For instance, in Georgia, you can’t sue your wife (or husband) for cheating. But, you can use it as a reason to file for divorce.

Let’s keep exploring your options.

What States Can You Sue Your Spouse for Cheating?

Your state’s laws decide if you can sue your spouse for cheating.

Some states let you file “alienation of affection” lawsuits, which means you can sue the person your spouse cheated with.

It’s not quite the same as suing your spouse, but it’s related.

Only a few states still allow these types of lawsuits, like North Carolina and Mississippi.

Most states, including Georgia, don’t allow them anymore, seeing them as outdated or easily misused.

In North Carolina, you can sue your spouse for emotional harm caused by cheating.

Not all states allow this type of lawsuit, though – read on for more details.

Ask a family law attorney in your state to find out more about your options.

Can You Sue Your Spouse for Emotional Distress?

Infidelity in a marriage can cause a lot of emotional pain.

However, suing your spouse for emotional distress caused by their cheating usually isn’t possible.

In most states, including Georgia, you can’t sue your spouse for emotional distress that happened during the marriage.

This is due to “interspousal immunity,” a legal rule that stops spouses from suing each other for personal harm done during the marriage.

But, as we mentioned, North Carolina does allow such cases.

Can You Sue a Person for Cheating with Your Spouse in Georgia?

No – in Georgia, you can’t sue someone else for “alienation of affection” (meaning suing the person your spouse cheated with).

So, even if your spouse was unfaithful, you can’t sue the other person involved.

Can I Sue the Man That Slept with My Wife?

This also depends on the state where you live.

In states where alienation of affection lawsuits are allowed, you might be able to sue the man who slept with your wife.

But these cases are often hard to prove and need solid proof of the affair and its impact on your marriage.

What Happens in a Divorce When a Spouse Cheats?

Cheating can make a divorce more complex.

In some states, adultery may affect how assets are divided or who gets alimony.

In “no-fault” divorce states, courts don’t usually consider cheating when splitting up assets or making custody decisions.

What about Georgia?

If you’re divorcing because your spouse cheated, you can list “adultery” as the reason.

This can block the cheating spouse from getting alimony from the faithful one.

Beyond that, you’d need to show that your spouse’s cheating hurt the children to use it in a custody case.

While this could help, it’s not an automatic “win” in Georgia.

Adultery can also influence how divorce negotiations proceed, even outside court.

For instance, it might add emotional weight to settlement discussions, especially when sensitive matters like parenting time or financial support are on the table.

It’s important to document any evidence of cheating if you plan to raise it as an issue, as this could be critical in shaping outcomes like alimony or custody.

Alienation of Affection in Georgia

As noted, Georgia doesn’t allow alienation of affection lawsuits.

Even if you believe your spouse’s lover caused your marriage to end, you can’t sue them in Georgia.

You can still divorce your spouse and use adultery as the reason.

To learn more about how adultery could affect your divorce, contact a local divorce attorney.

Final Thoughts

While infidelity causes real pain, legal options are limited and vary a lot depending on where you live.

Always consult with a local divorce attorney to understand what actions you can take based on your circumstances.

Remember, legal decisions should be guided by careful advice, not just emotions.