Question:
Can a spouse in Texas sue the person who had an affair with their partner by framing it as a claim for emotional distress?
Answer:
No. In Truitt v. Carnley, 836 S.W.2d 786 (Tex. App.—Fort Worth 1992, writ denied), the court made it clear that emotional distress claims arising from adultery won’t stand in Texas. The wife sued the woman who slept with her husband, claiming emotional anguish. But the court saw through it. The claim was really about criminal conversation and alienation of affection—both causes of action Texas law has thrown out. You can cry. You can rage. But you can’t haul the other woman into court for breaking your heart.