Has Your Spouse Committed Adultery and You Want to Sue the “Other Woman”

Infidelity is the leading cause of divorce.  Shouldn’t you be able to hold your spouse legally accountable?  It takes two consenting adults to have an affair so can you sue “the other woman” or “the other man”? Seven states in the United States allow lawsuits for alienation of affection.

A recent article that was posted in the Huffington Post talks about how South Dakota is one of these 7 states. A recent decision was made to allow this law to remain in affect. Many are opposed to this school of thought. One of these people in particular is Melissa Magstadt, a South Dakota state representative.

Her thoughts from the article are as follows, “Property can be stolen. People cannot,” state Rep. Melissa Magstadt (R) told the AP. “It is used as revenge and does not serve a useful means to preserve marriage,” she continued, noting the propensity for wealthier people to be targeted in this type of lawsuit.”

While New York does not have the alienation of affection in place, our law office can still provide you with the expert legal advice you need. Please give our office a call at (866) 830-2064 to discuss all your divorce matters.

How do you feel about this? Should one be able to sue someone for stealing their spouse? Is stealing a person’s affection even possible?

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6 replies
  1. moak
    moak says:

    I believe the 3rd party should be open or legal action ageist them after all it takes two to tangle. Why should it only be the one that didn’t do anything and the unfaith one be the only way especially if the 3rd party person knew they other person was married

  2. Denise
    Denise says:

    Yes they should be she’s and jailed if you ask me. If they knew before hand they go to jail and pay monetary fees to the spouse. If they found out after and stayed then they should be sued and have their picture and name on some list.

  3. Casey Nealis
    Casey Nealis says:

    I’m in Marion Indiana and my husband committed adultry and abandonment can I sue him we are still married and I want a divorce can I get one for free somehow if he refuses to sign divorce papers


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