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What are the chances of winning an alienation of affection lawsuit.?
Wiki User
∙ 18y ago
Not very good. Over the years, a majority of states have abolished the right to bring an alienation of affection action. It has become viewed as not being relevant or easily applied in modern society, as divorce and adultery have become more widespread. The only states where this lawsuit can still be brought are: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, and Utah. All the other states have abolished it either by statute or case law.
Wiki User
∙ 18y ago
Wiki User
∙ 18y agoThat's impossible to predict. It depends on a number of factor, including how much proof the plaintiff has and the attitudes of the jury. This type of lawsuit is not very commona and only 4 states allow it.
Wiki User
∙ 11y agoThere are only seven US states that still have statutes that apply to the matter. As long as those laws are on the books an alienation suit can be filed. It is highly unlikely that the suit would be heard and if it was if any judgment would be rendered that would not be subject to appeal and dismissal.
Most probably the only way the plaintiff in such a suit could prevail to any extent would be if he or she sued the offending party and the adulterous spouse. Which, in theory might leave the plaintiff paying his or her own judgment award.
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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.).
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