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

UPDATED: Aug 7, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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