Can you file a civil lawsuit against an individual for Alienation of Affection if you are still married to your spouse?
Yes, you can file a civil lawsuit for Alienation of Affection if you are still married to your spouse.
United StatesMost states have abolished alienation of affection lawsuits. The laws that allowed that type of suit came from a time when a woman was considered the property of her husband and he could recover damages if another man interfered with his property. Such suits are currently allowed in only seven states: Mississippi, Utah, Hawaii, Illinois, New Mexico, North Carolina, South Dakota.
If you wish to bring a lawsuit against a person you think is interfering with your marriage, you should seek advice from an attorney who specializes in divorce and marriage law in your jurisdiction. However, the legal fees may be costly and the culprit (the person who owes a duty of loyalty and fidelity to you) will still be living in your home. Your problem will not be solved.
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