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Can You Sue the Person Your Spouse Cheated on You With in Florida?


Adultery is one of the main reasons people decide to get a divorce. Learning that your spouse was unfaithful is devastating and it is natural to feel angry and frustrated. You may even consider suing the person your spouse cheated with to claim damages for the loss of your relationship. Individuals who wanted to sue someone else for the demise of their relationship had legal options prior to 1945. At that time, however, the law was abolished.

Today, people do not have those same options. While there is one way to sue your spouse’s new partner, this type of legal action is not only very challenging, but it is also generally not worthwhile. Below, one of our Tampa contested divorce attorneys explains more.

Suing for the Intentional Infliction of Emotional Distress 

The only way to sue someone your spouse had an affair with is to file a claim against them for intentional infliction of emotional distress. It is very difficult to file this type of claim during or after divorce. To file this type of action, you must be able to prove:

  • As a result of their actions, the person intentionally caused emotional distress,
  • The person’s actions were outrageous and considered intolerable in a civilized society,
  • The actions caused emotional distress, and
  • The amount of emotional distress was significant.

The first two elements of proof are the most difficult to prove. The defendant could claim that they did not know your spouse was married and so, they had no intention of hurting anyone. The second element is even more challenging to prove. While adultery is still considered distasteful, today it is no longer considered intolerable in a civilized society. Due to this, it is very challenging to claim damages when adultery was the cause of divorce.

How Does Adultery Impact Divorce? 

While you may think you do not have any recourse after your spouse is unfaithful, that is fortunately not true. Adultery can impact some different terms of your divorce and help you receive a better outcome.

Even though you can only file no-fault divorce in Florida, the courts will still consider marital misconduct in certain situations. For example, if your spouse wasted marital assets on the affair, you could receive more in property division hearings to compensate for that loss. Or, the court may award you more in alimony.  Of course, you are going to have to provide proof of both the adultery and how it affected you financially.

It is always important to speak to a lawyer when getting a divorce, but this is particularly true when infidelity was involved so you can get sound legal advice on your case.

Our Contested Divorce Attorneys in Tampa Can Advise On Your Case 

If your marriage has broken up due to infidelity, our Tampa contested divorce attorneys can provide the sound legal advice you need. At All Family Law Group, P.A., our experienced attorneys can advise on how to proceed with your case and help you obtain the fair settlement you are entitled to. Call us now at 813-672-1900 or connect with us online to request a free consultation with one of our knowledgeable attorneys.  Se habla Español.




All Family Law Group, P.A.
The law firm of All Family Law Group, P.A. provides legal services to the Florida cities including Tampa, Clearwater, Brandon, Riverview, Hyde Park, South Tampa, Ybor City, Northdale, Valrico, Gibsonton, Lithia, Mango, Palm River, Plant City, Seffner, Sun City Center, Wimauma, Apollo Beach, Ruskin, Temple Terrace, Carrollwood, Northdale, Westchase, Citrus Park, Town N Country, Thonotosassa, Lutz, Fish Hawk, New Tampa, St. Petersburg, Palm Harbor, MacDill Air Force Base and all of Hillsborough, Pinellas and Pasco Counties. We will also represent DIVORCE clients in Polk, Hernando or Manatee Counties.

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