Can I sue the woman my husband cheated on me with for emotional distress?
Question Details: She was a family friend who knew we were married. She ended up getting pregnant. I have made the choice to stay with my husband but the emotional distress is affecting my job and life.
You *may* have a lawsuit. Your state is one of only seven states in the union which still allow an "alienation of affection" lawsuit against someone who breaks up or destroys an otherwise happy marriage--in the other 33, cheating or otherwise "alientating" a spouse's affection does not result in any potential liability.
However, the crux of the "alientation of affection" lawsuit is the *alientation* of affection--that the marital relationship was essentally destroyed by the other person's actions. It's the loss of the marital relationship which drives the lawsuit and which is compensible. There is no compensation for the emotional upset if the marriage is not significantly or substantially destroyed.
Whether you have a claim depends on the specific facts of your case and what has happened to your marriage. You are advised to speak with a personal injury or family law attorney to discuss your situation in detail.