Can I Sue if My Spouse Cheats?
The spouse who was cheated on – the “injured” spouse – can, in a few states states, still bring legal action against the cheating party for “alienation of affection.” Sometimes referred to as “Criminal Conversation,” “Heart Balm Torts,” “Revenge,” or “Spousal Theft,” alienation of affection(s) is a legal action charging someone with the intentional and malicious interference with marriage relations. Typically this occurs when one spouse has been cheating on the other (committing adultery), and is caught.
What Must Be Proven?
An alienation of affection lawsuit must prove that:
- Love existed between the married spouses.
- Love between the married couple was destroyed (or “alienated”).
- A third party’s malicious conduct contributed to or caused the loss of affection.
What States Allow This Type of Legal Action?
Most states in the United States have done away with this type of lawsuit, considering it to be archaic and revengeful. But as of 12/2009 a few states do still recognize alienation of affection: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.
Is Alienation of Affection Recognized in My State?
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Alabama |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Alaska |
The issue of alienation of affection is not addressed by Alaska law (neither state law nor case law). |
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Arizona |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Arkansas |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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California |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Colorado |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Connecticut |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Delaware |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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District of Columbia |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Florida |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Georgia |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Hawaii |
Yes, alienation of affection lawsuits can still be brought. |
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Idaho |
No, alienation of affection lawsuits were abolished through judicial decision. |
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Illinois |
Yes, alienation of affection lawsuits can still be brought. |
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Indiana |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Iowa |
No, alienation of affection lawsuits were abolished through judicial decision. |
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Kansas |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Kentucky |
No, alienation of affection lawsuits were abolished through judicial decision. |
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Louisiana |
In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished. |
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Maine |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Maryland |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Massachusetts |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Michigan |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Minnesota |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Mississippi |
Yes, alienation of affection lawsuits can still be brought. |
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Missouri |
No, on June 17, 2003, Missouri’s highest court abolished the state’s alienation of affection law. |
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Montana |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Nebraska |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Nevada |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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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.” |
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New Jersey |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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New Mexico |
Yes, alienation of affection lawsuits can still be brought. |
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New York |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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North Carolina |
Yes, alienation of affection lawsuits can still be brought, although as of October 2009, there are several new restrictions, including that if the extramarital affair started after a married couple is separated, the alienation of affection law cannot be used: see ncga.state.nc.us – HB 1110 |
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North Dakota |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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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. |
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Oklahoma |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Oregon |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Pennsylvania |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Rhode Island |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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South Carolina |
No, alienation of affection lawsuits were abolished through judicial decision. |
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South Dakota |
Yes, alienation of affection lawsuits can still be brought. |
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Tennessee |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Texas |
No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Utah |
Yes, alienation of affection lawsuits can still be brought |
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Vermont |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Virginia |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Washington |
No, alienation of affection lawsuits were abolished through judicial decision. |
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West Virginia |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Wisconsin |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
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Wyoming |
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. |
source: about.com
12 Comments
My wife has been having an affair with an Horn Lake police officer for almost three years. On July, 2007, I caught them coming out of a hotel elevator at a local casino one morning. That afternoon I was arrested on false accusations and a restraining order was issued. I ended up in several missions in Memphis for approximately one year. My niece in suffolk Virginia found out and sent for me, and helped get my health back. In July of 2009, my wife came hunmbly to me and wanted me back for our 10 year old daughters sake. Seems the affair was over at the time. Then around thanksgiving, the symptoms of a recourring affair began again, Yhis time the cop rented a house down our block and my wife is constantly texting and getting early outs from work to see him several times a week.
What I have is the following information:
Police Officer at Horn Lake Police deprtment.
Drives a Black Dodge Avenger -Tennessee tags- [license removed]
Address: [address removed] Horn Lake, Ms. 38637
We live Three houses down. [address removed]
This police officer will stalk our house hours at a time in his squad car and when of duty will parade around our block constantly to get my wife attention.Come to find out, my wife has been skipping work to meet her lover, who knows where.Can I sue this officer for malicious intentions and alienation of affection under Mississippi law and also turn him over to the Mississippi Ethics Commision or Internal Affairs for Adultery and lued behavior with a married woman. I thought Police Officers had a code of ethics.
Horn Lake Police department Mission Statement:
We are committed to our duty to protect life and property while guaranteeing the protection of individual liberty and affording dignity and respect to every individual. We endeavor to reduce crime, the fear of crime, and social disorder through proactive police strategies, problem solving policing and a network of collaborative partnerships with all citizens and organizations within our community.
What are my legal alternatives????????
what if adultery is punishable in your state but the hubby went to another state to commit it where it is not punishable? South Dakota to Montana
Could I still take legal action even though my husband and I are still together?
I would like to sue for alienation of affection…however the person my husband of 8 years is having an affair with is only 20 years old. She has never had a job in her life, and still lives at home with her mom, g’ma, g’pa, and older sister….she has no $, she has nothing! Anyone have any ideas?
do it anyway. she will have something at some point in her life. when she looses she will be forced to get a job to pay you or do jail time.
If my husband cheats and i get some nasty disies from him, that he got from her. can i sue him. what can i do? Im in indiana. sorry about the spelling.
Great!! now I can have a sigh of relief and fall in love with any girl. As I know that if she cheats me , I file a suit against her to teach her a lesson.
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How can I file myself (initially without a lawyer) for Alienation of Affection in Honolulu, Hawaii? Also, I do not live in Hawaii, but my ex and the third party do. As far as I know I can still file even though I don’t live there…correct?
Thank you.
My Husband cheated on me and was served DNA, child support papers on our son`s 3 birthday. She alerady had 1 tested and is several others how is she not in any trouble with the state for tax payers paying for all the tests? Do I have any rights as in compensation for their Adultery she knew he was married and had 3 kids?
My husband has been cheating for 20 yrs can I sue for allienation of affection in Kansas.She bought him a truck and a motorcycle so I have no problem proving it.
To Debra Rice:
Kansas does not have alienation of affection law. Go for the divorce anyway and take the toys provided they are in his name, take what ever you can from the cheating SOB. And dear, why have you waited 20 years – You could have freed yourself earlier and been in a happy marriage.
Good luck.
Can a child sue a parents mistress for alienation of affection? What is the statute of limitations on this law?
Thank You