Can you sue for marital interference?

Can you sue for marital interference?

It’s called “alienation of affection”, a common tort law, which finds the “other man or woman” at fault for a failed marriage, and makes them pay damages for the love lost. So the jilted partner is able to sue for damages to their love lost, often due to an extramarital affair.

Can you file a civil suit against your spouse?

A common law tort called alienation of affection permitted a spouse to bring a lawsuit against a third party or spouse who he or she alleged was responsible for the failure of a marriage. In the few jurisdictions that still allow it, the defendant must usually be a third party and not the spouse.

Can a spouse Sue the spouse of another spouse?

Answer: This is a very common question, but a pretty uncommon scenario. The overwhelming majority of states have abolished these types of “heart balm” lawsuits, but as of 2018, the following states still allow spouses to sue “home wreckers” – Hawaii, New Mexico, North Carolina, Mississippi, South Dakota, and Utah.

Can a woman Sue the other woman for ruining her marriage?

North Carolina seems to lead the pack in terms of the number and notoriety of alienation cases. In one North Carolina case, a jury awarded a wife $9 million from her cheating husband’s mistress after finding that the other woman ruined the marriage.

Can a spouse Sue the third party of an affair?

These include Illinois, New Mexico, North Carolina, Utah, Hawaii, Mississippi and South Dakota. The rules permit the valid claim against the third party of an affair to face civil court with the spouse affected negatively by the actions.

Can a civil case be brought against a spouse?

It’s a civil case, brought in civil court, where the defendant won’t face criminal penalties or jail time. Criminal conversation requires solid proof that your spouse engaged in sexual relations with the third-party defendant. Evidence of adultery is usually obtained by a private investigator, who photographs or videotapes the affair.

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