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Let’s say you cheated: can your wife sue you for cheating? Well, like everything in the legal world, the answer is that it’s complicated. If you’re wondering, “ Can your wife sue you for cheating ?” don’t stop reading! We may have some answers. 

Can a Wife Sue Her Husband for Cheating? 

It depends on what you mean by “sue” since divorce in itself is a lawsuit. Cheating, or adultery specifically, is typically grounds for a lawsuit for divorce. While it is possible to sue for intentional infliction of emotional distress alone, and in some states alienation of affection lawsuits are possible, such lawsuits are very unusual. Of course, everything will depend on the laws in your state, and your specific situation. However, it would be very unusual for a person to be successful in suing their spouse for cheating alone and receiving financial compensation based on damages caused by cheating. Though some states allow spouses to sue the paramour, these lawsuits are very rarely filed, and it’s even more unusual for them to be won. Regardless of whether you’re a husband or a wife, it’s unlikely that you’ll be able to sue your spouse for cheating. 

Is Your Wife Entitled to Anything if She Cheats? 

Whether or not your wife (or husband) is entitled to anything after infidelity will depend on a couple of things: the specific facts of your situation, the laws in your state, and what exactly you mean by “anything.” For example, some states consider infidelity when they’re determining whether or not the higher-earning spouse will have to pay alimony. Other states do not consider this. Generally speaking, however, it would probably be very difficult for one party to get absolutely nothing in the divorce due to infidelity. Even if your spouse cheated, there’s a good chance they will get some portion of marital assets and some measure of custody depending on their ability to parent and willingness to be involved. 

Can My Wife Get in Trouble for Cheating? 

Again, the answer to this question will depend on what you mean by “get in trouble.” Cheating can certainly complicate divorce proceedings and, in some states, it can prevent a person from getting alimony. But it would be extremely unusual for a person to actually spend time in jail for infidelity, even in a state where infidelity is criminalized. Though the laws are technically on the books, they aren’t necessarily enforced. As previously mentioned, it would also be difficult to file a lawsuit against your spouse for financial compensation for their infidelity. So, can your husband (or wife) get in trouble for cheating? The best answer is, that they are unlikely to face criminal consequences for adultery, however infidelity could add conflict to the divorce process, which could in turn make it longer and more expensive. 

Can Text Messages Be Used in Court to Prove Adultery? 

When it comes to family law, pretty much anything can be blown up on a screen and presented as evidence, so text messages could potentially be used to prove adultery. However, the question really should be whether or not you’d ever need to prove adultery in court—your attorney would know best. If you’re wondering, “ Can I get a copy of my spouse’s text messages ?” it is possible to get them through the discovery process during litigation. However, this could be difficult and expensive, and it may not be worth it for everyone—so consult your attorney first! “ Can I legally look at my wife’s text messages ?” is also another question many people have. Whether or not it’s legal to snoop through your soon-to-be ex’s phone will likely depend on where your located, and the specific facts of your situation. It is not legally advisable to look at your husband’s (or wife’s) text messages without their consent, even if you’re still married or living together. Though text messages can be used as evidence in court, most people don’t need to prove infidelity in court since it doesn’t normally effect a person’s divorce. If infidelity has played a role in your marriage, you may want to ask an attorney who’s familiar with your specific situation and the laws in your state, about what you need to do to protect yourself legally. 

When You’re Considering Divorce 

If you’re considering divorce and you have questions about how the infidelity could affect your divorce process, contact CoilLaw today. Our experienced attorneys are dedicated to helping you get the best outcome possible in the divorce process. Contact Coil Law today to set up your initial consultation. 


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