Can a married person be sued for alienation of affection?
Identify how you interfered in the marriage. Alienation of affection lawsuits are often called “homewrecker” lawsuits, and you may think that only someone who had an affair with a married person can be sued. However, anyone who interfered with the marriage could potentially face a lawsuit.
What’s the difference between criminal conversation and alienation of affection?
A lawsuit for criminal conversation is a civil claim for adultery. Unlike alienation of affection, this tort action does protect the fundamental right of exclusive sexual intercourse between spouses.
Is the alienation of affection legal in North Carolina?
Most states do NOT recognize alienation of affection or criminal conversation actions. These laws vary greatly based on the state where you reside. The following describes the laws that apply in North Carolina only. The elements of the tort of alienation of affection in North Carolina are—
How can I get an alienation of affection case dismissed?
Even if you live in one of the states that still recognizes alienation of affection, you should try to get the case dismissed. In North Carolina, for example, a judge recently ruled that alienation of affection is a “relic” and should no longer be recognized in the state. You can ask the judge in your case to make the same ruling.
Is it hard to win an alienation of affection case?
Alienation of affection is almost impossible to win. The courts all across the US have found that alienation of affection is “junk science” and thus will not recognize any expert testimony on the subject.
Who can you sue for alienation of affection?
The defendant in an alienation of affections suit is typically an adulterous spouse’s lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.
Can you sue your husband for alienation of affection?
The answer is yes, you can file a lawsuit against an alienation of affection, depending on where you live. It is usually the abandoned spouse who files the case against the interloper (third party) for interfering or meddling in a marriage and for causing the loss of affection from the spouse who is having an affair with the third party.
What states are alienation of affection recognized?
Apparently, in addition to North Carolina, there are still a handful of minority states that recognize alienation of affection lawsuits, including Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah.
Are there any states that have abolished alienation of affection?
Research your state’s law. All but eight states – Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, and Utah – have abolished alienation of affection lawsuits.
Is there Statute of limitations on alienation of affection?
Check the statute of limitations. Your state’s law includes a deadline for filing your claim. If the law itself does not include a specific deadline, look at the statute of limitations for personal injury cases generally.