Alienation Of Affection

Question: Can a person in a state that has Alienation of Affection laws sue a person who is in a state that does not? My brother-in-law is threatening to sue my Mother for Alienation of Affection/Marital Interference. He's in a state that still has this law but she resides in another state. Can he do that?

Answer: No. That law may be on the books but it doesn't mean it is enforced.

Question: Can a wife win an alienation of affection lawsuit against a mistress if she does not divorce the guilty party? Can a wife win an alienation of affection lawsuit against her husband's MISTRESS if she does not intend to divorce her husband (who flat out cheated on her)??

Answer: Three things to think about: 1. These sorts of lawsuits are only allowed in 8 states. If you don't live in one of these states you're flat out of luck: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, Utah 2. Secondly, this kind of lawsuit is VERY difficult to win. You would more likely than not end up spending a lot of money on a lawyer and get nothing in return. Even if you did manage to win the case, unless she's a very rich woman you would probably get less than the cost of your lawyer. 3. Alienation of affection lawsuits can only be brought about if the marriage ends in divorce or abandonment. If you have no intention of getting divorced, then you will be laughed out of court. You cannot sue someone if all they do is cause you some marital discord, and not divorce.

Question: Info on alienation of affection laws in Kansas? I'll try and make this brief; Does anyone know if the alienation of affection laws in Kansas are strickly written for a marriage or can this include relationships of any kind? For instance, a parent- child relationship if a councilor ( not a therapist ) is interfering?

Answer: It refers to marital relationships only. In addition, Kansas has abolished alienation of affection statutes. The only states remaining where laws are still on the books allowing lawsuits are * Hawaii * Illinois * Mississippi * New Hampshire * New Mexico * North Carolina * South Dakota * Utah

Question: What do you guys think of the new "alienation of affection" law for spouses who cheat? I saw this on the news today...there's a law in 7 states now in which a spouse can sue the other (mistress/mister) who cheated with their spouse and broke up their family. Is this fair? Hard to prove? Holds more accountability on the cheater (will think twice before cheating). What are your thoughts?

Answer: Good. Now this trend would have a penalty, lowers the percentages of affairs.

Question: Do you still believe there should be lawsuits for alienation of affection? I personally dont believe in these type of suits. These suits serve more for revenge and not as justice as violent crimes such as murder or rape or money crimes such embezzlement or robbery which results in loss of funds from a business. Also even though it applies to people of both gender this law is really written for women if you look at it. If a man came with this type of lawsuit against his wife or the man who cheated on his wife he would be laughed at by the press as opposed to a woman.

Answer: nope that is for losers.

Question: Should I bother filing for a divorce on the grounds of adultery? can alienation of affection be charged on her? My husband filed for separation in Sept. He has moved in a female around Thanksgiving. We've been going back and forth about reconcilation but I have decided he keeps lying and I can't trust him so forget it. We have a 6 mth old son together, first for both. Obviously, in a year I guess he then puts in for a divorce.

Answer: Honestly there is not a judge today who will accept/allow a civil case punishing adultery. If judges allowed this could you imagine how busy they'd be? You can attempt it but it would be difficult to find a lawyer, or a judge who will allow it, or help you with it. Best to just file divorce, a fault based divorce, stating adultery. Its a matter of public record, so it will go on record that he committed adultery. That's the best you can hope for in this case.

Question: How much can I expect to get if I sue the man my wife is cheating on me with for alienation of affection? He is a loser, mid-twenties and lives with his dad!!

Answer: I bet you can get his Nintendo in court!

Question: can a woman in NC sue a woman in SC for alienation of affection? AA law exists in NC but not in SC. Dont you have to sue someone in the state they reside?

Answer: Yes where they live. You can't be subject to a law that is not applicable to you

Question: What is your opinion of the "alienation of affection" laws? A friend of mine was sued for seeing a married woman for something called alienation of affection. Personally I think this law is Brilliant. What are your thoughts?

Answer: Absolutely Brilliant!!! If more people thought they would get into trouble with the law for sleeping with someone else's spouse or for cheating on their own spouse, I think there would be much less adultery. This law is genius!!!

Question: Is it possible to sue for alienation of affection? Lets say if your spouse was to drop you like a hot potato to be with someone else, can you sue for alienation of affection? If so, who would you sue? Your spouse, the other person involved or both? And what kind of damages can you sue for? This is a hypothetical question and I do not mean to offend anyone.

Answer: You can sue for anything these days, but I don't really think you'd gain much of anything from it, to tell the truth. Just a word to the wise, though. For every moment you spend trying to figure out how you can get her back, you waste a moment you could have spent moving forward, creating the wonderful life you wish you had, and could have. This was a hard lesson for me to learn. Take all of that hurtful, negative energy, and focus it on YOURSELF in a more positive way, and watch what happens! The best way to get back at this spouse, is to live an abundant life in spite of them!

Question: "No Public Displays of Affection" Isn't that "Alienation of Affection"? I do not believe this question was adequately answered as per "Alienation of Affection" I will continue to accept answers; as with all my questions.

Answer: Many different cultures deal with PDA in many different ways depending on various cultural and/or social context. In most of Europe it is common to see people holding hands or kissing in public places and at public events. Many junior and senior high schools in the United States prohibit displays of affection, in an effort that many school administrators believe allows students to focus on learning. Such efforts may also be geared towards promoting abstinence among students. Another reason is the potential for liability as PDAs can, in extreme cases, be considered sexual harassment. Furthermore PDA is strongly discouraged and looked down upon in the United States Armed Forces, especially in uniform. In Canada, it is also very normal to see people holding hands or kissing in public places and at public events. In nightclubs it is also common for men and women to "grind" (a form of dancing) or dance closely. In Latin America, PDA is quite acceptable, and it is normal to see people holding hands (particularly women, who are not a couple may hold hand while walking together in the street), kissing (and french kissing) and caressing each other. To openly object to such a display there is generally seen as a sign of intolerance. It must be mentioned that during the fascist dictatorships in Argentina and Chile, in the 70's and 80's, the authorities were not so tolerant with the practice, but there was no other reaction than social discomfort. The practice of teenagers gathering in public parks to kiss, caress or even have oral sex has called the attention of United States media, strikingly because of the lack of political content in this "sexual awakening". Indonesia has a proposed law outlawing kissing in public places. The Supreme Court of India has described public displays of affection to be in bad taste and has defined such behavior as unacceptable. The public display of affection may even be considered an act of public nuisance, subjecting individuals to conviction and fine. Despite legal and societal views, the Indian film industry does utilize marketing imagery of individuals displaying mutual affection as a means of promoting many films. In Arab countries, varying degrees of PDA are accepted, depending on the country and the city. Some traditional societies like Saudi Arabia do not allow any amount of PDA. Others are relatively westernized and tolerant towards most forms of PDA, for example Lebanon. In most Arab countries, only very light PDA is accepted. Holding hands or having one partner's hand on the other's shoulder are the usual limits. Arab onlookers to a PDA might take offence and might confront those showing it and demand that they obey the local customs. Heavy PDA can land a person in jail, for the offence of indecent exposure. As such, and considering the different attitudes in different areas, tourists are advised to do only as much as the locals are doing; attempting more PDA might be received with indignation or even legally prohibited. In South Africa it is against the law for anyone under the age of 16 to take part in any public displays of affection. This has led to large protests across the country by teenagers, culminating in Kiss-a-thons in public places across the country.

Question: Alienation of affection? An alienation of affection law is one in which a spouse can sue a third party if his or her partner leaves the relationship for another person. What do you think of the above law being passed nationwide?

Answer: ...it will be vetoed! red

Question: So (R) Sen.Pickering's wife is suing him for Alienation of Affection due to him having? an adulterous affair. If this keeps up their won't be too many left come election time -will there?

Answer: Man, she is suing the mistress! Now that's funny LOL! She claims that the mistress 'broke up their marriage'. It appears that he dated the mistress before his wife, and they could have had a long time case of "knocking the boots"! Ooooooo lol. They all should go on that corny show 'Cheaters' and dook it out lol.

Question: what is needed in nc for law suit for alienation of affection? My divorce is in sc, but my soon to be ex is living with his ho in nc. He is proud to admit to the adultery and with any luck at all, my divorce will be final before Christmas. I then want to let the ho know that she has messed with the wrong person this time. The main reason my sorry excuse of a husband took up with her is that she is soon to inherit a few million $. Getting any money will just be an added bonus as far as I am concerned, but making everyone in North America aware of what a couple of low lifes that these two are will be worth the time it will take. My lawyer has a friend that is going to represent me, but any help or information that I can have before I go in to see her, will be greatly appreciated.

Answer: North Carolina is one of only a handful of states that still allows alienation of affection lawsuits, but they are HARD to win. You’d have to prove that there was love and affection between you and your spouse, UNTIL this other woman appeared, and that she caused the loss of your spouse’s affection. In most cases, the marriage was already in trouble BEFORE the other woman appeared on the scene, so…

Question: Alienation of Affection and Criminal Conversation in NC? Alright so my husband and I have been married for nearly two years, have one seven month old daughter and a son on the way. My husband went over to a friend's house to play cards and was incidentally introduced to his friend's sister, who is a 16 year old girl. (My husband is 20.) The day after he met her, he went back over to the house. The next day, he decided to pack his stuff and leave. It has been six weeks since this occured, and over the course of the six weeks I have recieved messages from this girl explicitly calling my children "lies that I was stupid enough to believe" and explicitly stating that they are having a sexual relationship. (She lives with her parents, who think this is all fine and dandy too...) I have also received pictures of them making out in a hot tub and in other affectionate poses. I believe I have grounds for a criminal conversation and alienation of affection case. Any ideas on how to go about this the right way? Eh- the cops told me that the age of consent in North Carolina is 16. Horray. Which is still pretty gross.

Answer: There is an Alienation of Affection law on the books in some states... Not sure how to find this out unless you google it or call a lawyer... Normally I would say go on with your life and be happy the loser is gone, but in this case I say check out your options and if this law is available in your state, then by all means press charges!!! You are apparently dealing with major white trash!! Good luck and God bless!!

Question: Alienation of affection lawsuit...? Has anyone here sued for alienation of affection? I lived in a state that it is still law that you can sue the 3rd party who took part in breaking up your marriage. Just wondering if anyone here has attempted to sue and possibly won. My case would win but then I would feel too vengeful and the other woman (really a stupid young girl) is pregnant with my now ex-husband's baby...he and I have been divorced officially for a week and a few days and they are due 7 months from now. I feel if I sued for at least reimbursement for my divorce costs and relocation expenses and pain and suffering, I might feel better but in the long run it won't make things right. You just wonder why people cannot be held more accountable for their actions- even if it is not a beating physically, emotionally it is one of the worst things I have ever felt in my life...I have already moved on in the sense of relocating and continuing my career in another state but we have a 3 yr old son together who he has chosen to totally ignore for the past 3 weeks..that is what causes me to consider the lawsuit... The situation is more personal in that she is our former babysitter and a former friend. With the Alienation of affections statute you actually do not have to prove that there were problems within the marriage because what marriage doesn't have problems. You have to prove that there was love that was lost. My husband was a loving husband and father and now it has totally dissolved. He even came home and apologized (still does) but because she stayed in the picture (even after I talked to her about how she felt about breaking up a family which she said she "sorta felt bad" I feel that my now ex-husband couldn't get a clear perspective on what was most important- his family who supported him through thick and thin in his military career including our first deployment last summer. By the way, they are both being court martialed for this...

Answer: NO I DIDN'T BUT ONLY BECAUSE THE STATE I WAS IN AT THE TIME DIDN'T RECOGNIZE ALIENATION OF AFFECTION. BUT IT SURE WOULD HAVE FELT GOOD IF I COULD HAVE FILED THAT IN MY SUIT! YOU GO GIRL AND IF IT MAKES YOU FEEL BETTER I SAY DO IT! THIS GIRL KNEW YOU TWO WERE MARRIED! HECK! SHE BABYSAT FOR YOU! SHE MAY BE YOUNG, BUT I AM SURE SHE KNEW RIGHT FROM WRONG! YOU WILL ALSO HAVE IN YOUR FAVOR THE FACT THAT THEY BOTH ARE BEING COURT MARTIALED! IF YOU WIN THE SUIT TAKE YOUR SON AND SPEND SOME OF THE MONEY ON A VACATION FOR THE TWO OF YOU! OR YOU COULD GO TO A BOOK STORE AND BUY A FEW BOOKS ON ADULTERY AND GIVE THEM TO HER! SHE WILL NEED THEM BEFORE IT'S OVER WITH! TRUE, IT WON'T CHANGE THE DAMAGE THAT HAS BEEN DONE, BUT IT WILL SURE MAKE THEM WONDER WHAT YOU MAY COME UP WITH NEXT! I WOULD GET DELIGHT OUT OF THAT ALONE! (HE LEFT ME WITH TWO DAUGHTERS 4YR AND ONE 8MOS) FOR A MARRIED WOMAN. I FEEL FOR YOU AND I WISH YOU MUCH LUCK IN YOUR NEW LIFE! ROBIN

Question: Can I be sued for alienation of affection? I was with a married man for about 9 months. I was unaware he was married for the first 3 months. When I found out he was married, he informed me that they were separated. I have recently ended the relationship after talking to the wife who assures me that the two of them are indeed very much married and living together. She wants to work things out with him. I have ended the relationship. Can I be sued for alienation of affection? BTW, I do live in one of the 7 states that still recognizes alienation of affection. I live in NC.

Answer: It is very unlikely that a wife who is still living with the cheating husband will initiate such a lawsuit.

Question: Does the Alienation of Affection Law still exist in NC?

Answer: Yes, it does, although many (including many attorneys) have been trying for years to have it abolished. These types of lawsuits can get very expensive and are often hard to prove because it involves more than ‘my spouse left me for another’. You have to show that there was love in the marriage prior to ‘another’ coming along. It can also be a defense that the defendant (1) did not know that their ‘lover’ was married or (2) was not the one who was the actual seducer.

Question: can someone Alabama be sued for "alienation of affection"?

Answer: In Divorce, a spouse can sue the other on the grounds of alienation of affection.

Question: Can I sue for Alienation of Affection or Criminal Conversation in Mississippi? My wife of 9 years cheated on me with someone from work. I found out by the cell phone records. I also checked her voice mail one day and found a message he had left. I gave her the option to call it off. She said she would. A few weeks later I checked the phone records and found where she had called him again. She also did not come home that evening even though it was her dy off. I set her things out of the porch and called her on her cell to come and get them. She came home and saw her things and called the police. The police came and made her leave. She got her own place and filed for divorce. We divorced almost two years ago. Before we divorced I got a bill from a doctor's office through my insurance showing where she had been treated for an STD. She later told me that this man had given her an STD. In the State of Mississippi, adultery is a felony. I have often thought about suing this man for Alienation of Affection. But we are divorced now. Can I still use this man for this? Every marriage goes through troubles. When the spouse has no options he or she comes home and repairs the marriage. We had both just gotten good jobs and I thought we'd buy a house and have a baby. After this I had to file bankruptcy and then I lost my job right after the divorce as my office was shutting down. I had nothing. I lived in a hotel. This man used my wife and later dumped her and got married to someone else after getting a thrid girl pregnant. Can I sue? I filed the divorce. Not my wife. That is definitely a cheating woman's point of view. Alienation of Affection is a law for a civil tort. It is civil prosecution not criminal. I can choose to prosecute. It is not up to the DA or the Grand Jury to decide this. A wife and a husband do belong to each other. As far as being property, the lack of belonging to each other is why marriages end. This is not an issue of properety, but of a vow to be together lto the end...no matter what. When I married my wife she had nothing. End the end I had nothing and I had provided her with support for years so that she could have something...so that we could have something together. I am pursuing a case against him. And if it involves her...then it will have to be that way.

Answer: Yes, Mississippi is one of the few states that still recognizes alienation of affection as an actionable tort. In fact, in 2007, the Miss. Supreme Court upheld a $750,000 judgment in an alienation of affection lawsuit. Have fun.