Here is the question, my wife committed adultery, is going to have a baby (not mine) and she caught an STD passing it on to me.

Asked 5 months ago - Ann Arbor, MI

Can I go after the situation under a civil statue, and can I go civil actions againt the indiviual who gave it to her?

Additional information

I guess that is how you address it, I plan on settling that issue during the divoce, I thought there might have been another statue somewhere though which would allow me to go civil against the other individual. thanks

Attorney answers (3)

  1. Neil M. Colman

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Don't take it out on the guy your wife was sleeping with...it's her fault, not the guy's. Sue your wife. No, I know of no law or cause of action which would be a basis for civil litigation. Meanwhile, you are the presumed father at this point in time because she's conceived a child during your marriage. Make sure you hire an experienced family law attorney for the divorce, and don't try to represent yourself. This is an issue that must be properly handled in order to establish you are not the father.

    Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an... more
  2. William S. Stern

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . What you are basically asking is if you can sue for alienation of affections. That cause of action was outlawed in 1957. That other guy had no duty toward you most likely. Your cause of action would be against your wife and that could be dealt with in the divorce action.

  3. Kyle J Bristow

    Contributor Level 13

    2

    Lawyers agree

    Answered . You need to immediately and privately consult with an attorney who practices in the area of civil litigation and family law. Do NOT post anything more online, and do not talk about this matter with anyone who is not your attorney: what you say or write can be used against you in court.

    Document everything--names, dates, descriptions of incidents--and keep all documentary materials you receive (including medical reports).

    www.kylebristow.com

    No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

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