Can I sue the other woman under the alienation of affection law or for emotional distress, if I am not married?

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Can I sue the other woman under the alienation of affection law or for emotional distress, if I am not married?

I recently found out my boyfriend and the father of my child was cheating on me with a woman who knew about me. I thought things were good between us. Behind both there actions I got a std while I was pregnant. I am emotionally distraught and even if I don’t win, it would be about the principle. If I can’t go to court under the alienation law, can I sue for emotional distress? It was a domino effect and I want to prove a point to women who break up relationships.

Asked on August 7, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can file a lawsuit against the woman who was having an affair with your boyfriend on the grounds that her actions when discovered caused you distress. However, the chances of you establishing liability and damages against her is very unlikely.

You should not file a lawsuit based solely upon principle when the law and the facts do not support a lawsuit under any conceivable legal theory. The "std" that you received was presumably from your boyfriend, not from this other woman.

Although you are naturally upset over the situation, the one who who is the most culpable for your current state of mind is your boyfriend. Potentially you may have a cause of action against him if he gave you the "std".

Good luck.


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