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Can you file a civil lawsuit against an individual for Alienation of Affection if you are still married to your spouse?
Wiki User
∙ 8y ago
United States
Most states have abolished alienation of affection lawsuits. The laws that allowed that type of suit came from a time when a woman was considered the property of her husband and he could recover damages if another man interfered with his property. Such suits are currently allowed in only seven states: Mississippi, Utah, Hawaii, Illinois, New Mexico, North Carolina, South Dakota.
If you wish to bring a lawsuit against a person you think is interfering with your marriage, you should seek advice from an attorney who specializes in divorce and marriage law in your jurisdiction. However, the legal fees may be costly and the culprit (the person who owes a duty of loyalty and fidelity to you) will still be living in your home. Your problem will not be solved.
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In_what_states_can_Alienation_of_Affection_lawsuits_still_be_filed
Wiki User
∙ 8y ago
Wiki User
∙ 8y agoYes, you can file a civil lawsuit for Alienation of Affection if you are still married to your spouse.
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Can you sue your husband for alienation of affection?
No. Texas Family Code 1.107: "A right of action by one spouse against a third party for alienation of affection is not authorized in this state."
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.
Causes to sue a third party in a divorce?
If you're talking about an ALIENATION OF AFFECTION lawsuit, most states have abolished that law.
Can you sue the woman your husband had an affair with in the state of Louisiana?
No. Alienation of Affection as legal grounds for a lawsuit was abolished in Louisiana in 1927.
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 sue a step mother for allienation of affection for from my father?
No. Only a few states still recognize alienation of affection. An alienation of affection lawsuit is where a spouse sues their spouse's mistress/lover, claiming that the "other man/woman" destroyed the marriage. These are also sometimes called home wrecker lawsuits. Even in the few states that still allow such a claim, a victory is rare.
Does Minnesota allow for criminal conversation lawsuits?
No. In a very few jurisdictions in the U. S. a spouse can bring a lawsuit against a third party who they feel has interfered in their marital relationship. These types of suits are called alienation of affection or criminal conversation. Most jurisdictions have determined they are based on an antiquated concept in law. These lawsuits are not allowed in Minnesota.
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
Is adultry punishable by law?
Some states still have criminal statutes making adultery a crime, although they are no longer enforced. In a divorce, the adulterous party may receive a less than favorable settlement. Additionally, a few states still allow the civil tort alienation of affection, where the wounded spouse may file a lawsuit against the third party.
Can you sue someone for sleeping with your ex wife while you were married?
No we can't. Our husband is the one that pursued the other woman. The only fault of the other woman is she didn't say no to your husband. What you can do is talk to your husband and ask him why. If he lied then it's time to rearrange your life without him...
How do you file a lawsuit against a county?
get an attorney! and you have to have a good reson to file a lawsuit and have a good lawyer
Is civil suit and lawsuit the same thing?
A Civil Suit is a type of lawsuit, therefore they are the same. A Civil Suit can be filed by any individual who is looking to file a case against someone for emotional or physical injuries.
