Key Things to Know About Filing a Homewrecker Lawsuit
A so-called homewrecker lawsuit is a civil claim against a third party who is accused of interfering with a marriage, but whether someone can actually file such a lawsuit depends on state law. Some states recognize certain claims involving interference with a marriage, while others have abolished them. An affair by itself does not automatically give someone the right to sue.
Understanding homewrecker law is important when considering whether a third party can be held legally responsible for interfering with a marriage. Although the term is commonly used to describe laws or legal claims involving marital interference, it is not a specific legal term recognized in every state. Before considering a lawsuit, it is important to determine whether your state recognizes this type of claim and understand what must be proven.
What Is a Homewrecker Lawsuit?
A homewrecker lawsuit generally involves allegations that a third party intentionally interfered with a marital relationship.
One claim sometimes associated with this idea is alienation of affection. In states that recognize it, a spouse may claim that another person intentionally caused the loss of affection or companionship within the marriage.
The legal requirements vary. Simply proving that an affair occurred may not be enough.
Can You Sue Someone for Having an Affair?
Not necessarily.
The availability of a claim depends on the state involved. Some states no longer allow lawsuits based solely on interference with a marriage.
Where such claims are recognized, the person filing the lawsuit generally needs to establish specific legal elements. These may include evidence that a genuine marital relationship existed, that the defendant intentionally interfered with it, and that the interference caused the claimed harm.
Why Does State Law Matter?
Family law differs significantly from one state to another.
A claim that may be possible in one jurisdiction may not be available in another. Even when a state recognizes a particular cause of action, there may be filing deadlines and specific requirements concerning evidence and damages.
For this reason, information about homewrecker lawsuits should always be considered in the context of the applicable state law.
What Evidence May Be Important?
Evidence can play an important role when a claim is legally available.
Depending on the circumstances, potentially relevant evidence may include:
- Text messages
- Emails
- Photographs
- Social media communications
- Witness statements
- Travel records
- Financial records
- Other communications between the people involved
Does Infidelity Automatically Affect a Divorce?
An affair may have a major emotional impact on a marriage, but it does not automatically determine every issue in a divorce.
Property division, child custody, child support, and spousal support are governed by the laws that apply to the divorce.
For example, Pennsylvania uses equitable distribution principles when dividing marital property. Under 23 Pa.C.S. § 3502, courts consider various factors when distributing marital property.
The existence of an affair does not necessarily mean that one spouse will receive more or less property.
Can an Affair Affect Child Custody?
An affair does not automatically determine custody.
In custody matters, courts generally focus on the child’s best interests rather than simply punishing a parent for marital misconduct.
However, specific conduct connected to an affair could potentially become relevant if it affects a child’s safety, well-being, or ability to maintain healthy relationships with both parents.
The facts surrounding the situation matter.
Can You File a Lawsuit During Divorce Proceedings?
Potentially, depending on the state and the type of claim.
However, filing a separate lawsuit while a divorce is already underway can make an already difficult situation more complicated.
Before taking action, it may be helpful to understand how the potential claim relates to the divorce and whether pursuing it makes practical and legal sense.
What If Your State Does Not Recognize This Type of Claim?
If your state does not recognize a homewrecker lawsuit or similar claim, that does not necessarily mean you have no legal options.
You may still have rights involving property, support, custody, or other issues connected to your divorce.
The appropriate legal approach depends on the facts and the laws of your state.
Key Takeaways
- A homewrecker lawsuit is not recognized in every state.
- An affair alone does not automatically create a right to sue.
- Some states recognize claims involving interference with a marriage.
- Evidence such as messages, photographs, and witness statements may be important.
- Evidence should always be obtained legally.
- Infidelity does not automatically determine property division or child custody.
- Pennsylvania uses equitable distribution principles for marital property.
- 23 Pa.C.S. § 3502 addresses equitable distribution of marital property.
- Check applicable state law and filing deadlines before pursuing a claim.
