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It depends on the circumstance.

Filing a suit simply because the mistress engaged in an affair will most likely fail in a courtroom. A judge is more likely to hold the married individual (the husband, in this case) more responsible than the mistress, considering that the married individual broke a contract (the contract being the marriage) and the mistress did not (assuming the mistress is not married).

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Q: Can a wife file civil suit against her husbands mistress in the state of Minnesota?
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