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In the state of Tennessee "alienation of affection" was

stricken as a law sometimes...
In the state of Tennessee "alienation of affection" was stricken as a law sometimes in the late 1990's, since that time what would be the legal charges for past law.
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Answered in 2 minutes by:
8/2/2016
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,899
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

Can you explain your question? What do you mean by "the legal charges for past law?"

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Customer reply replied 2 years ago
If you can no longer sue a party for "alienation of affection" what if anything could you sue the party for who is causing problems in your marriage.

Thank you for clarifying.

As you already know, wiith the growing awareness that infidelity takes two people, most of the states in the US do not allow a spouse to sue the other person for her spouse's infidelity any more.

However, the tort of Intentional Infliction of Emotional Distress may be available to you. The elements of that offense generally requires the defendant to have intentionally (or recklessly) committed extreme or outrageous behavior which causes severe emotional distress, mental trauma and/or bodily harm to someone else, in this instance, you.

The behavior of the offending party has to be really over the top. Mere infidelity is not going to win the suit, because whether we like it or not, adultery is pretty commonplace these days. You need to sit down one on one with a Tennessee civil personal injury trial lawyer in confidence, tell him or her all the facts about the situation and find out from him whether you have a viable suit for intentional infliction of emotional distress.

Alternatively, in some states you could try to get a DA to prosecute both your spouse and the other party for adultery, but frankly, because of changing times, the crime itself has been dropped from Tennessee's penal code.

Where you can use adultery to get yourself a legal remedy, however, would be to file for divorce on those grounds. That may get you leverage and a more favorable settlement. But if you want to remain with your spouse, Tennessee law isn't going to be generally inclined to punish the other person for your spouse's straying unless the facts are very, very extreme and offensive.

I'm sorry to be the bearer of bad news.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 2 years ago
I am good. I simply required the current law and yes it is emotional infidelity on his part but she is being vicious and dejected. Thanks for the clarity

You're very welcome.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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