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Alienation Of Affection

Any intentional, malicious interference with a marital relationship. Historically, the aggrieved spouse could bring an action against the third party wrongdoer, without filing for divorce. These suits are now rare, however, and are prohibited in some states. Today courts will entertain fault divorces making the co-respondent a defendant in the action, but such defendants are generally not liable financially for their adultery.

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.


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