Questions about Alienation of Affection Laws

Alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm. A tort is not an illegal act but it is an act that causes harm. The law allows anyone who is harmed to recover their loss and in many cases alienation of affection lawsuits are justified. Alienation of affection laws are often considered out dated and prehistoric. However, alienation of affection still raises many legal issues and often brings up questions that are hard to answer. Read below the top five questions regarding alienation of affection that Family Lawyers on JustAnswer have answered.

What states recognizes alienation of affection law?

The states in the US that recognize the alienation of affection law include Illinois, Mississippi, Utah and South Carolina.

In the state of Maryland can someone sue for alienation of affection?

In the state of Maryland the law of alienation of affection has been abolished. However, you can request for a divorce.

In the state on Illinois after being diagnosed with PST (Post Traumatic Stress Disorder) due to an affair can someone file for alienation of affection?

In many situations, IL recognizes alienation of affection; however the plaintiff must be able to prove conclusively that the defendant’s lack of affection is what caused the affair or that the affair from the spouse caused the PST from alienation of affection.

If someone lives in a state where alienation of affection is not recognized can they be sued in another state that does recognize the law?

In most cases, a person can be sued in a state that recognizes alienation of affection, if that is where the one being sued resides. Also, they can be sued for any emotional distress that has been received.

In Mississippi, can someone file for a law suit for alienation of affection after the divorce has been finalized?

It is possible to be sued for alienation of affection even after the divorce. In the state of Mississippi there is a 3 year limit after the divorce has been finalized for any suit of alienation of affection to be filed.

Although some trial lawyers support such statutes, many divorce attorneys believe laws around alienation of affection should be repealed. There are many forms of alienation of affection that range from; employer/employee alienation of affection, parental alienation, etc., but the biggest and most common is divorce-related alienation of affection. If you have any questions regarding alienation of affect laws, you could ask a Family Lawyer on JustAnswer for quick and affordable answers.