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The torts of alienation of affection and criminal conversation allow a spouse to sue another spouse's paramour for adulterous activity.
Sadly, neither WV nor SC recognize alienation of affection lawsuits anymore. Though such lawsuits were once commonly recognized throughout the US, they are now disfavored and many states have taken action to eliminate such causes of action. Only the following states still recognize alienation of affection claims: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah. Of course, if adulterous conduct takes place in a state that recognizes the cause of action, a spouse may have a basis for such a suit in that state.
Adultery is grounds for divorce is SC. Further, if a spouse dissipates marital assets through adulterous activity, that can also affect property awards.
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