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- Modifying a Custody Order
- Using Mediation to Avoid the High Costs of Divorce
- Child Custody Court Forms by State
- Bankruptcy Before Divorce
- Alienation of Affection
- Bankruptcy & Divorce: an Overview
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- Bankruptcy During Divorce
- What’s the difference between a divorce and a legal separation?
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Alienation of Affection
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:
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?
Alabama
No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
Alaska
The issue of alienation of affection is not addressed by Alaska law (neither state law nor case law).
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, 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
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