If my wife cheated on me, can I sue the third party for criminal conversation?
Question Details: She cheated on me with someone who works closely with her; he knew we were married. I have text messages between the two talking about the intercourse they have done as well as her admitting to it. I have all the evidence showing he knowingly had intercourse with her while she is married. What can I do? I can't afford a lawyer right now. Can I represent myself?
You can sue, but the issue is, should you? You can only receive "compensatory damages" for losses or costs this caused you, and you don't describe any quantifiable monetary losses. If there are no such losses, then even if you sue and win, you would not get any compensatory damages.
You can also seek "punitive damages," but you have to prove "malice"--willfully hurtful behavior--on the 3rd party's part, and that can be very difficult to do. This may be a case where you could sue and win and still get little or no money.
But if you want to go ahead, you may, and you may represent yourself "pro se."
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