by Anonymous on May 28th, 2005

Anonymous

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What legal recourse does a wife have against the woman who is having an affair with her husband?

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  • by jalex137 on June 28th, 2005

    jalex137

    You have little or no legal recourse against her. Time was, you could sue for "Alienation of Affection", but it now seems to be seen as a relic of a bygone era, and very few states still recognize it. Here's what WorldLaw Direct says about it:

    http://www.worldlawdirect.com/article/1026/Alienation_of_affections_--_Law_suits.html

    Alienation of affection(s) is a legal action, a tort based on willful and malicious interference with marriage relations by a third party. The elements constituting the cause of action are wrongful conduct of the defendant, plaintiff’s loss of affection or consortium of spouse, and a causal connection between the two. Not all states recognize the right to bring an alienation of affections action. It is usually viewed as not being relevant or easily applied in modern society.

    States plus D.C. which have statutorily (i.e. by legislation) abolished alienation of affection:

    Alabama
    Arizona
    Arkansas
    California
    Colorado
    Connecticut
    Delaware
    District of Columbia
    Florida
    Georgia
    Indiana
    Kansas
    Maine
    Maryland
    Massachusetts
    Michigan
    Minnesota
    Montana
    Nebraska
    Nevada
    New Jersey
    New York
    North Dakota
    Oklahoma
    Oregon
    Pennsylvania
    Rhode Island
    Tennessee
    Texas
    Vermont
    Virginia
    West Virginia
    Wisconsin
    Wyoming

    States which have judicially (i.e. by court ruling) abolished alienation of affection:

    Idaho (1986)
    Iowa (1981)
    Kentucky (1992)
    South Carolina (1992)
    Washington (1980)

    States in which alienation of affection is possibly a viable cause of action:

    Hawaii
    Illinois
    Mississippi
    Missouri (appears recently abolished)
    New Hampshire
    New Mexico
    North Carolina
    South Dakota
    Utah

    [To succeed on an alienation claim, the plaintiff often must show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is often not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts that likely would impact the marriage.]

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