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Is there legal recourse against someone that has caused the alienation of affection?
Wiki User
∙ 12y ago
It depends on the law in your jurisdiction. Some states still have "alienation of affection" laws but they are very difficult to prosecute. However, although its easier to blame the spouse's lover, it should be understood that it is your spouse who owes you fidelity. A third party should not take the blame.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoIt depends on the law in your jurisdiction. Some states still have "alienation of affection" laws but they are very difficult to prosecute. However, although its easier to blame the spouse's lover, it should be understood that it is your spouse who owes you fidelity. A third party should not take the blame.
It depends on the law in your jurisdiction. Some states still have "alienation of affection" laws but they are very difficult to prosecute. However, although its easier to blame the spouse's lover, it should be understood that it is your spouse who owes you fidelity. A third party should not take the blame.
It depends on the law in your jurisdiction. Some states still have "alienation of affection" laws but they are very difficult to prosecute. However, although its easier to blame the spouse's lover, it should be understood that it is your spouse who owes you fidelity. A third party should not take the blame.
It depends on the law in your jurisdiction. Some states still have "alienation of affection" laws but they are very difficult to prosecute. However, although its easier to blame the spouse's lover, it should be understood that it is your spouse who owes you fidelity. A third party should not take the blame.
Wiki User
∙ 12y agoOh yeah, and a lot of jurisdictions have simply abolished the existence of the civil action altogether
What is the statute of limitations for alienation of affection in North Carolina?
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If you live in Mississippi can you sue someone in TN for alienation of affection?
An alienation of affection lawsuit is one in which a spouse can sue a third party if his or her partner leaves the relationship for another person.To win, an alienation of affection lawsuit needs to prove that:Love between the married spouses must have existed.The marital love must have been alienated and destroyed.The third party's conduct has to be proved to be malicious interference with the marriage relationship.Most states in the United States have abolished this type of lawsuit as it is considered to be archaic and an unacceptable form of revenge.Historically, the alienation of affection law was based on 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.Those who want the alienation of affection laws to remain believe that alienation of affection lawsuits protect traditional marriage. Also Known As:Criminal ConversationHeart Balm TortsRevengeSpousal TheftExamples: 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.Alabama: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Alaska: Neither state law nor case law addresses the issue of alienation of affection in Alaska.Arizona: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Arkansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.California: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Colorado: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Connecticut: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Delaware: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.District of Columbia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Florida: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Georgia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Hawaii: Yes, alienation of affection lawsuits can still be brought.Idaho: No, alienation of affection lawsuits were abolished through judicial decision.Illinois: Yes, alienation of affection lawsuits can still be brought.Indiana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Iowa: No, alienation of affection lawsuits were abolished through judicial decision.Kansas:No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Kentucky: No, alienation of affection lawsuits were abolished through judicial decision.Louisiana: In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished.Maine: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Maryland: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Massachusetts: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Michigan: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Minnesota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Mississippi: Yes, alienation of affection lawsuits can still be brought.Missouri: No, on June 17, 2003, Missouri's highest court abolished the state's alienation of affection law.Montana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Nebraska: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Nevada: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.New Hampshire: No. According to Title XLIII, Chapter 460:2, "No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse."New Jersey: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.New Mexico: Yes, alienation of affection lawsuits can still be brought.New York: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.North Carolina: Yes, alienation of affection lawsuits can still be brought.North Dakota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Ohio: No, in 1985, alienation of affection suits were abolished by General Laws c. 207, Sect. 47B, inserted by St. 1985, c. 74 Sect. 1.Oklahoma: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Oregon: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Pennsylvania: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Rhode Island: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.South Carolina: No, alienation of affection lawsuits were abolished through judicial decision.South Dakota: Yes, alienation of affection lawsuits can still be brought.Tennessee: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Texas: No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit.Utah: Yes, alienation of affection lawsuits can still be brought.Vermont: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Virginia:No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Washington: No, alienation of affection lawsuits were abolished through judicial decision.West Virginia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Wisconsin: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Wyoming: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Source: About.Com
Can my Child sue her dads girlfriend for alienation of affection?
Alienation of affection lawsuits are only allowed in North Carolina and Mississippi. All of the states have abolished this law so if you live in any other state than those two, you cannot sue someone for this.
Did she live with her mom and dad?
my son's Dad for over 2 years has talked really, really negatively about me and I understand this called Alienation of Affection. Can someone tell me exactly what this means?
Do I have any recourse if my plastic surgery is botched?
You do have the ability to sue the doctor for malpractice. Bringing a lawsuit against someone is the right of every American.
Can you sue someone for sleeping with your ex wife while you were married?
No we can't. Our husband is the one that pursued the other woman. The only fault of the other woman is she didn't say no to your husband. What you can do is talk to your husband and ask him why. If he lied then it's time to rearrange your life without him...
What is misplaced affection in a relationship?
You or your s/o is showing affection to someone else.
What is affaction?
The definition of affection is to like someone in a light way. Affection doesn't always mean that you are in love or love someone but it can.
What seven states have alienation of affection?
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.
Can someone sue someone for adultery even if they are split up?
It depends on the state you live in... Usually it is not a worthwhile legal pursuit. In family court it seems that with the basic premise of 'no fault' divorce - the courts could care less who is having sex with who... However, some states DO have "Alienation of Affection" laws that you can file against the lover of your spouse. It would be in civil court filing for monetary damages to you due to break up of family, disruptions, emotional abuse, etc etc
What does deared mean?
regarded with deep affection; cherished by someone -- It can also mean "expensive."
How do you prove someone is manipulating my children?
You need to learn about parental alienation syndromesee links
How do you know if someone you love loves you back?
affection
