Tecumseh, NE asked in Family Law and Civil Litigation for Nebraska

Q: I’m in Nebraska my wife cheated can I sue the third party

Related Topics:
2 Lawyer Answers
Vanessa Jean Gorden
Vanessa Jean Gorden
Answered
  • Lincoln, NE
  • Licensed in Nebraska

A: There is no "alienation of affection" claim in Nebraska, so no way to sue the other party. Further, if this unfortunate situation results in your divorce, the affair/infidelity has no bearing on the court's decisions either. I wish you all the best as you determine what your next steps may be, legal or otherwise.

Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: There was an old cause of action for damages against a person that your spouse cheated on you with. Although other states may still have some form of this action available, Nebraska has abolished this cause of action.

Cheating is a common cause of divorce. Except in cases where one party has spent large sums of marital assets on the extramarital relationship, the infidelity often isn't a large factor in the divorce.

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.