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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.

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?

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

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Attorney answers 3

Posted

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.

Posted

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

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Neil M. Colman

Neil M. Colman

Posted

What can he say or write that would be "held against" him? He got infected and the child's not his! This isn't a criminal issue.

Kyle J Bristow

Kyle J Bristow

Posted

Party admissions can be made against one in a civil case, too. Laymen have a knack for saying things that reduce their damages or ruin their cases. Plus, if a layman posts comments all over the Internet regarding their case, it can cause their attorney to be put through more of a hassle when dealing with discovery requests.

Posted

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 attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.