Adultery almost always destroys a family unit. The discovery of your spouse’s infidelity after you have invested so much in your marriage may be painful. You want justice for the pain and suffering caused by your partner’s infidelity, and you want someone to pay for it. I was wondering if I could file a lawsuit against my husband’s mistress in the Lone Star State.
If you want to know if you can sue your husband’s mistress in Texas, the quick answer is no. However, if a spouse in Texas has been the victim of adultery, there are legal options available to them during the divorce process, click here.
A Mistress’s Lawsuit
When a spouse cheats, the wife often wonders if she can sue the mistress in Texas. A wife who suspects her mistress of infidelity cannot successfully sue her in Texas court. A committed adulterer is a married individual who has sexual relations with someone other than their spouse.
Withdrawal of Feelings
In Texas, can you legally pursue legal action against your husband’s extramarital affair? On the whole, no. Someone who feels alienated from another cannot file an action for alienation of affection in Texas. Your partner has alienated their affection from you if they have started to show it to someone else. You cannot sue the woman who stole your husband’s love in the state of Texas.
Are there any grounds in Texas for filing a claim of emotional distress against your husband’s mistress?
In order to answer this question, we need to distinguish between intentional and negligent infliction of emotional distress claims. To establish that a mistress had caused mental anguish on purpose, for instance, it would be necessary to show that her actions were “extreme and outrageous.” Most Texas courts would disagree that an extramarital affair meets this criterion.
To prove that your husband’s mistress caused you mental anguish by her careless actions, you must prove that she owed you a duty of care, that she broke that duty, and that your damages resulted from her violation. As far as the Texas courts are concerned, there is no evidence to support such a claim.
Your claim for emotional anguish would be based on the illegal “alienation of affection” theory, a court would rule. Your claim for damages due to mental distress would be thrown out of court if you did that.
