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What can a wife of 15 years do when she finds out her husband has been having affairs? Is there anything I can do legally for this emotional distress I'm enduring?

Asked by user in Texas.

Answered by Enjuris Editors:

I’m sorry that you are going through this difficult time.

Several states recognize an “alienation of affection” claim, which allows you to sue the third party who interfered with your relationship. Unfortunately, Texas is not one of the states that recognizes this claim.

You may be able to sue your spouse for the intentional infliction of emotional distress (see Twyman v. Twyman) if you can prove that:

  1. Your husband acted intentionally or recklessly,
  2. Your husband’s conduct was extreme and outrageous,
  3. Your husband’s actions caused you emotional distress, and
  4. The resulting emotional distress was severe.

Unfortunately, most courts in the United States don’t consider an affair “extreme and outrageous” enough to award damages. So far, no court in Texas has awarded damages on the basis of an affair. Nevertheless, if you want to talk to a lawyer about the specific facts of your case, most initial consultations are free.

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Enjuris Partner Attorney Spotlight

Dale Williams

Dale is a Partner Attorney at Williams & Brown LLP in Waco, Texas. His primary focus of practice is helping families in Central Texas who have suffered the life-altering effects of a serious injury or tragic death caused by trucking or auto accidents, defective products, or medical negligence.

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