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In WA state can i sue my husband mistress for emotional distress, cilvil damages to my marriage, or willful and malicious interf

Oak Harbor, WA |

she knows that we are married and he is currently staying with her.

Attorney Answers 2


In Wa. state, there used to be an intentional tort for which one spouse could sue another, alienation of affection. However, in 1980 the State supreme court abolished that cause of action when it ruled that: We affirm and hold that a spouse may not maintain an independent action for loss of consortium damages if that suit is essentially a substitute for an alienation of affections suit. Accordingly, I think you're out of luck unless you can dream up some other theory. Please do not attempt to do so without an attorney because a Plaintiff can be sanctioned for filing a frivolous law suit if precedent or statute clearly supports such a finding.

The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

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I agree with the previous poster. Suits for alienation of affections went out in Washington a long time ago. Now, divorce here is no-fault. If you can demonstrate that he's intentionally wasting marital assets, you'll get some sympathy from the trial court, but to answer your question, you don't have a cause of action against your husband's girlfriend.

Hope this helps. Elizabeth Powell

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