Civil suit for infidelity

[sftbllwz]

My ex wife has recently informed me that she is filing a civil suit in KY against me or my current spouse for damages from infidelity. I did have an affair about 28 months ago which led to a divorce and then remarriage to the one with which I had the affair. The ex wife does have incriminating evidence and witnesses. Is it possible for her to file and win a civil case against me, my spouse, or both? I was married to my previous spouse for almost 5 years and have two children.

Thanks,
looking over my shoulder

 

[SmokedMizzata]

Without evidence or witnesses she will only make herself look bad in court. It's a desperate attempt at closure and the judge will see that.

 

[sftbllwz2005]

The ex does have witnesses, hotel receipts, and other evidence. Is there really a civil suit case ability for something like this?

 

[NYClex]

Yes and no, first of all it depends on KY state law which I am not really familiar with. Most states nowadays have abolished outright provisions that provided penalties or remedies in adultery cases, but some Southern states might still have such.

But even absent any outright statute there still are some tort theories which could be used, like intentional infliction of emotional distress, reckless or negligent infliction... and the like. The problem for the plaintiff here would be to show, among other elements, damages. Therefore I would say, it is not impossible to win such a case, but it surely is not easy. Of course, as always, it depends on the details of the case.