Can I be sued by a wife for having a long-distance emotional affair with her husband?

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Can I be sued by a wife for having a long-distance emotional affair with her husband?

Apparently, the wife has threatened (to the husband, not to me directly) to sue me and has sworn to legally keep her children from me. What are the possible legal implications for me in their divorce proceedings? Can I be sued? Subpoenaed? Do I need to retain legal counsel?

Asked on April 7, 2012 under Family Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I believe legislation was enacted to abolish the right to sue for alienation of affection in Oregon. However, and this is a big however, it won't preclude the wife's attorney from subpoenaing you to be a witness (cross-examine) to prove adultery and to impeach your character so that the wife can try to preclude you from being near the children. You should consult an attorney if you intend on staying in this relationship and keep in mind the ultimate impact to the children (children's well being) is what the court will focus on.


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