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Do you have to live in the state that recognizes alienation of affection if you want to file a lawsuit based on those grounds?
Wiki User
∙ 12y ago
for sure GIVE HIM A PIECE OF YOU! if your spouse wanna be like that you sue his sorry BUT back too the court room but this it wont be the marrige certifacate. You can do anything where more smart, useful, kind, caring, loving ect. the point is dont let your spouse do that kinda thang! SUE HIM ALREADY! That goes for HER too
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoYou can sue your spouse for divorce wherever it is that you may be living. NOTE: "Alienation of Affection" is an old and out-moded legal concept (sort of like "Breach of Promise") it is doubtful that many states still have this charge on their statute books, and even if they do it is rarely, if ever, brought to court.
Wiki User
∙ 12y agoYes. 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 the state where you file.
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 the state where you file.
Wiki User
∙ 14y agoYou file for divorce in YOUR state of residence. If you live in a no fault state, you don't need a reason to divorce. Therefore, alienation of affection is a mute argument. If you live in a state that requires a compelling reason to divorce, alienation of affection may be a good reason. Either way, you can get a divorce and the reason isn't necessarily going to affect what you get in the way of property settlement, etc. Don't worry about where he lives. You are suing where YOU live.
Wiki User
∙ 12y agoIt must be a recognized grounds in the state where you file the action.
Wiki User
∙ 12y agoYes. If you want to use that as grounds for a lawsuit it must be allowed in the state where you file.
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Can you sue the woman your husband had an affair with in the state of Louisiana?
No. Alienation of Affection as legal grounds for a lawsuit was abolished in Louisiana in 1927.
Causes to sue a third party in a divorce?
If you're talking about an ALIENATION OF AFFECTION lawsuit, most states have abolished that law.
How much can a plaintiff sue for in an alienation of affection lawsuit?
Alienation of affection is a suit against your spouse's lover saying that this person broke up your marriage by attracting your spouse away from it. Most states have abolished this claim completely, and in those where it is still valid, it is very difficult to win.
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 you sue your husband for alienation of affection?
No. Texas Family Code 1.107: "A right of action by one spouse against a third party for alienation of affection is not authorized in this state."
In Texas can you sue your husband lover for breaking up your marriage?
The state of Texas no longer recognizes alienation of affection as a reason for a lawsuit. However, you may be able to sue her for something else or under a different jurisdiction depending on the circumstances. To find out about your specific situation, check with an attorney.
Can you sue a step mother for allienation of affection for from my father?
No. Only a few states still recognize alienation of affection. An alienation of affection lawsuit is where a spouse sues their spouse's mistress/lover, claiming that the "other man/woman" destroyed the marriage. These are also sometimes called home wrecker lawsuits. Even in the few states that still allow such a claim, a victory is rare.
Can you file a civil lawsuit against an individual 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.See link for more information:In_what_states_can_Alienation_of_Affection_lawsuits_still_be_filed
Can you be sued for 'alienation of affection' if you live in Virginia and the other party involved lives in North Carolina?
Years ago it was possible in any US state to sue the person who interfered in a marriage causing harm to the innocent family members for "alienation of affection". Although a very small number of US states still have such laws in existence, winning a lawsuit based on those grounds is simply not possible. Even if by some miracle the court agreed to hear such a case and the plaintiff prevailed it would be a simple matter to have the ruling overturned at the appellate level. The allegation can still be used relating to the dissolution of a marriage, but as grounds for a damage suit the legal community views such as De Minimus Non Curat Lex, (The law does not concern itself with trifles.).
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...
Is it possible to file a lawsuit if the police raid a apartment?
There may be grounds for a lawsuit but generally, no. You should consult with an attorney who can review the details and explain your rights and options.There may be grounds for a lawsuit but generally, no. You should consult with an attorney who can review the details and explain your rights and options.There may be grounds for a lawsuit but generally, no. You should consult with an attorney who can review the details and explain your rights and options.There may be grounds for a lawsuit but generally, no. You should consult with an attorney who can review the details and explain your rights and options.
What kind of settlement can one expect from an alienation of affection lawsuit where the affair is proven without a doubt?
I'M NOT A LAWYER, BUT I PLAY ONE ON FAQFARM... "Alienation of Affection" suits are mostly seen nowadays as a relic of a bygone era. The majority of states have in one form or another done away with it. Even in those states where it is still on the books, you may have a hard time initiating a suit, and an even harder time succeeding. It would take an attorney familiar with your particular state's laws to advise you on whether there is any legal theory under which you might proceed, or whether it would just be a waste of time and money. I concur with the previous answer and suggest that the party involved does not use funds to pursue a "lost cause". There are laws pertaining to this issue just as there are still laws forbidding people hitching their horses to a fire hydrant. Due to the significant changes in society, alienation of affection is no longer viewed as legitimate grounds for a suit for damages. Of course the person has the right to file a lawsuit anyway, but it is a certainty the judge will rule it De Minimus Non Curat Lex ("The law does not concern itself with trifles").
