Can I sue my husbands mistress?

married for 4 years at the time only had 2 kids 1 is severly autistic. he decided to have an affair with a waitress at his work i was a stay home mom and when I found out I took the kids and left to live with my parents in NC. after I left she moved in (didn't pay rent or utilites that were in my name and got stuck with he bill) it only lasted 2 months before he realized the big mistake he'd made and came crawling back to me. this was 3 years ago in ohio we've been rocky but tirng to fix our marriage. we DONT want a divorce! just put the past behind us and move on. to start fresh we moved back to FL I support us now. he stays home and watches our 3 kids now which we both decided is best for our kids. now shes sending us papers for child support! he has no $! can I sue for pain and surrerin

Cape Coral, FL -

Attorney Answers (4)

Richard McLeod Hinds

Richard McLeod Hinds

Divorce / Separation Lawyer - Mobile, AL
Answered

No. Based on the information I do not believe so. Also, the child has a right to support from your husband and if she seeks child support your husband may be ordered to pay.

Andrew Michael Bonderud

Andrew Michael Bonderud

Litigation Lawyer - Ponte Vedra Beach, FL
Answered

No, I don't think you have a claim against her for pain and suffering.

Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's... more
Eileen D. Jacobs

Eileen D. Jacobs

Divorce / Separation Lawyer - Tampa, FL
Answered

No. Florida does not recognize an action for alienation of affections, which is the name for the type of lawsuit that you are considering.

Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
(813) 877-9600
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
(727) 787-6595

Robert Jason De Groot

Robert Jason De Groot

Family Law Attorney - Deltona, FL
Answered

The cause of action for alienation of affections was abolished decades ago.

R. Jason de Groot, Esq., 386-337-8239

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