Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?
He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?
A:
Nebraska law has abolished the law that had given a spouse a right to sue the person the other spouse was cheating with for monetary damages.
Adultery is not a crime in Nebraska.
Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and custody decisions but in most cases it carries little weight in the overall decision.
Vanessa Jean Gorden agrees with this answer
1 user found this answer helpful
A: Adultery is not a crime, but if your spouse is using marital assets to fund a vacation with his mistress, that may affect some of the judge’s financial decisions. I am sorry to hear you are going through this difficult situation. If you want to take charge, you should consult confidentially with an experienced divorce attorney about your options to protect yourself moving forward. Best wishes.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
