Alienation Of Affection

In divorce law, alienation of affections is a legal claim made by one spouse against another individual, who was not their spouse, for being the cause of the failure of the marriage. This form of legal action has been more or less outdated in most states, however, New Mexico, Utah, South Dakota, North Carolina, New Hampshire, Mississippi, Hawaii, and Illinois still permit claims under alienation of affections laws. In most instances, the defendant in these claims is the individual that may have been romantically involved with the ex-spouse, but any number of persons encouraging a divorce can be named as defendants.

Fast Facts

  • Proving alienation of affections claims requires a legal marriage with some affection to exist in the first place.
  • Proving alienation of affections claims also require that love between spouses was lost and that this loss was directly attributable to the actions or statements of the named defendant.

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