In what states can Alienation of Affection lawsuits still be filed?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

As of January 2008, the only states in the United States that allow alienation of affection lawsuits are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. It has been abolished in other states by statute or by case law. An example of statute can be found in Massachusetts General laws C.207 Section 47B:

  • Section 47B: Alienation of affection and criminal conversation shall not constitute an injury or wrong recognized by law, and no action, suit or proceeding shall be maintained therefor.

Alienation of affection is a tort based on willful and malicious interference in a marriage by an outsider.

The plaintiff needs to prove that:
  • The marriage was happy and love between the spouses existed.
  • The marital love was alienated and destroyed by the third party.
  • The third party's conduct willful and malicious interference with the marriage relationship.

Most states view laws against intrusion by a third party into a marriage as outdated, archaic and an unacceptable form of revenge. Alienation of affection is not easily applied in modern times with adultery and divorce being so common and widespread and no longer considered to be outrageous conduct directed at the injured spouse. It has come to be recognized that an affair is not an outsider's fault but the unfaithful spouse is equally responsible. A spouse has the right to expect their partner to remain faithful. The third party has no obligation to make certain your spouse remains faithful. If their spouse is unfaithful, divorce is always an option.

Historically, the alienation of affection laws were based on cultural realities of the past. First, the belief that a wife was the property of her husband. Therefore, when a woman was emotionally or sexually involved with another man, she was considered to have been stolen. Second, a woman's only source of support was her husband. If someone alienated her husband's affection from her, she could be left without any means of support since a woman rarely was able to earn her own living.

Some litigants attempt to sue for intentional infliction of emotional distress where alienation of affection is unavailable, but again, the requirements are high and it is extremely difficult to prove.
9 people found this useful

What are the chances of winning an alienation of affection lawsuit.?

Answer . Not very good. Over the years, a majority of states have abolished the right to bring an alienation of affection action. It has become viewed as not being relevan

How do you file a quiet title lawsuit in Washington state?

A quiet title action requires an abundance of evidence that supports your claim to ownership. It is a complex and specialized area of law. Therefore, it is important that you

When a defendant lives out of the state where the lawsuit was filed can he still be deposed in the state where the suit was filed or in his hom state?

If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a la

Can you file a lawsuit against a company for hiring an illegal alien?

You cannot file a civil lawsuit unless you can show that you yourself suffered large dollar damages. What dollars did it cost you for an illegal to be hired? Remember, it is n
In Divorce and Marriage Law

Do you have to live in the state that recognizes alienation of affection if you want to file a lawsuit based on those grounds?

Yes. If you want to use that as grounds for a lawsuit it must be allowed in the state where you file. Yes. If you want to use that as grounds for a lawsuit it must be allowed
In Law & Legal Issues

In what state court would you file a discrimination lawsuit in Ohio?

It really depends on who you are suing and how much you are asking for in damages. For instance, if you're suing the state of Ohio, then the Ohio Court of Claims would hear th