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If you live in Mississippi can you sue someone in TN for alienation of affection?
Wiki User
∙ 14y ago
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 Conversation
- Heart Balm Torts
- Revenge
- Spousal Theft
Examples: 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
Wiki User
∙ 14y ago
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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.
You have proof of alienation of affection in your marriage but live in a state that does not recognize it where or what to do?
No.
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?
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.
Why should someone visit Mississippi?
Why should others live our visit and Mississippi State
Can the alienation of affection be filed while filing separation or divorce or should be filed after separation or divorce?
In some states Alienation is a grounds for divorce. It should be stated on the petition for divorce if your state requires a compelling reason to ask for divorce. If you happen to live in a no fault state, the issue of alienation is moot. In a no fault state you do not need a reason to get a divorce. In that case, your "reason" is not a consideration (legally that is). Make sure you find out if your state is no fault so that you will know how to proceed.
Can you sue your husband for alienation of affection if there was no third party?
You could be the victim of his alienation of affection and there is no third party. But you need to find out if you live in a "no fault" state first. If that is the case, neither of you needs a reason to divorce which means any charge of alienation is meaningless. If you are in a state that does require a compelling reason to divorce, you are going to have a hard time proving you were the party that was alienated. If you are serious about trying, you need to document events, etc. , find people that can support your claims. But keep in mind what is important to you. You can't change what he is, so you need to get out. So file for divorce, reason or no. If you want to sue but don't want a divorce, you are going to look like a fool. Don't go there. Just take him to the cleaners in the divorce!
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
Do you have to live in the state that recognizes alienation of affection if you want to file a lawsuit based on those grounds?
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
Where do Mississippi kites live?
A Mississippi kite usually lives on the west side of the Mississippi River and in Mississippi.
Can you live without affection?
A person can live without affection. However, studies have shown that babies born during wartime and raised in orphanages without physical affection had a higher mortality rate even though all of their basic needs were met.
Can you sue someone in California for a dog you bought if you live in Mississippi?
You can, but you have to sue them in the state where the purchase took place. That will mean travel for one of you.
