Technically, the suit is not “criminal,” nor is one brought based on “conversation” alone. A spouse has a legal right to enjoy the service and companionship of a mate, and if you steal that away—so to speak—the spouse can sue you for damages. An alienation of affections action works the same way.
Can you get sued for messing with a married man?
You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship. The adultery itself is not the crime; it is the actions of the other man or woman that determines whether a law has been broken.
Can you sue someone youre married to?
Spouses can sue one another for anything for which non-spouses can sue one another. The common law (case law) rule prohibiting one spouse from suing his/her spouse was called interspousal immunity. The interspousal immunity rule was based on court holdings that by marriage, a husband and wife become one person in law.
Can you sue a married man for emotional distress?
The emotional and mental fallout can last years. This is why family law clients often ask if they can sue the unfaithful spouse for emotional distress. Generally, however, spouses cannot sue one another for the emotional damage caused by an affair.
Can a spouse be charged with abandonment?
Legally, an individual is required to take care of an ailing dependent spouse or any minor children. If the spouse leaves the family and is unreachable or refuses to take care of the family financially, this can be considered criminal spousal abandonment.