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No, adultery is not currently a civil tort in California. In the past, there were laws that allowed people to sue for infidelity. Many states also used to criminalize adultery.
Alienation of Affection is a lawsuit brought by a married (or formerly married) person, who alleges that the actions of a third party deprived the married (or formerly married) person of the love and affection of his or her spouse. Alienation of Affection is a common law tort.
Though it's not illegal to cheat on your spouse, there may be repercussions in a civil court for infidelity depending on your location. Few people are ever successful in winning alienation of affection claims because of the elements that are required for a successful case.
Action for alienation of affections abolished. Source: Section 31.980 ? Action for alienation of affections abolished, .
Evidence that may strengthen the claim includes photographs depicting a loving bond between the married couple, testimony from friends and family regarding the strength of their relationship prior to the affair, and cards, notes, texts, etc.
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.