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"Alienation of affection" is sometimes used as grounds for the dissolution of a marriage. If the named spouse fails to respond to the divorce petition then the petitioner spouse can request the divorce be granted according to the state's default laws. When a divorce is granted under the default ruling the non respondent spouse usually forfeits his or her rights to a appeal any of the dissolution terms. It is always in the best interest (but not legally required) for the defendant to appear at a civil hearing regardless of the issue.

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βˆ™ 2006-09-07 15:56:49
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Q: If you are being sued for 'alienation of affection' do you have to appear in court?
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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 you be sued for alienation of affection in Missouri?

No. It was abolished by the Missouri Supreme Court in 2003 as an antiquated concept in law.


Can you sue the woman cheating with your husband in civil court?

Alienation of affection is a cause of action in some jurisdictions. You need to consult with an attorney in yours.Alienation of affection is a cause of action in some jurisdictions. You need to consult with an attorney in yours.Alienation of affection is a cause of action in some jurisdictions. You need to consult with an attorney in yours.Alienation of affection is a cause of action in some jurisdictions. You need to consult with an attorney in yours.


If you were married in new york could you sue your spouse for alienation of affection in another state?

You 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.


Can you sue the woman who slept with your husband?

No. A court would not be likely to find her 100% at fault. Your husband is the one 100% at fault for being unfaithful to you. She owes you nothing. If it is ongoing you could consult with an attorney to determine if alienation of affection is grounds for a lawsuit in your jurisdiction.


Can the parents of a 20 year old sue you for alienation of the affection of their child?

Who are you and who are you to the 20yo and his parents? Impossible to answer without knowing but I would assume the court would find that the parents have had more influence over their child than you.


Are Los Angeles defense lawyers able to appear before the court in Wichita, Kansas?

Yes they can appear if the case is being transferred to that court


What would happen if you are subpoenaed to appear in court as a witness or to give a deposition and you fail to appear?

A warrant will be issued for your arrest because this is considered as being in 'contempt of court' .


Reasons people get served papers?

to appear in court or a notice that your being sued


What is being held in contempt?

Being held in contempt in a family law court case means you have violated a court order such as child support or a visitation order, or failed to appear in court. The court can impose sanctions.


Are the only reasons that people get served papers are to appear in court or that you are being sued?

yes


How do you reverse child custody in parental alienation case?

You petition the court to modify the custody order.

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