Alienation of Affection.

[IWALH]

I am a little curious as to how this law works.

 

Do the husband and wife need to be divorced or in the process of a divorce in order for the wife to sue the other woman for AOA? Or can she sue the OW if they are still married?

[OWoman]

No idea - we don't have such bizarre laws in my country. Maybe Dr Google can help?

[lovernotafighter]

I am a little curious as to how this law works.

 

Do the husband and wife need to be divorced or in the process of a divorce in order for the wife to sue the other woman for AOA? Or can she sue the OW if they are still married?

 

Im in the USA I'd bet as sue happy as this country is you can sue no matter what the circumstances

[LucreziaBorgia]

In my state, alienation of affection and criminal conversation are some serious business, resulting in some large settlements. They can be used before or after separation/divorce with a three year statute of limitations.

 

In alienation of affection, the BS only has to prove three things in order to win a settlement:

 

1. That there was love between the spouses before the affair (at any point before the affair).

2. The love was lost due to the affair (even if the love was already dying - if the affair is what ultimately kills it, then it can be used against the OW/OM)

3. OW/OM contributed to the loss of that love.

 

If you are accused of criminal conversation as OW/OM you can't really defend against it, if there is proof you had sex with the BW/BH's spouse. For example:

 

1. It doesn't matter if you didn't know he/she was married.

2. It doesn't matter if it was consensual.

3. It doesn't matter if the couple was separated and living separately.

4. It doesn't matter if the married person seduced the OW/OM.

5. It doesn't matter if the marriage was unhappy.

6. It doesn't matter if the affair sex did not otherwise affect the marriage.

7. It doesn't matter if the MM/MW was being abused by the BW/BH.

8. It doesn't matter if the BS/BH had themselves been unfaithful.

9. It doesn't matter if the BS/BH had consented to extramarital activity (unless they had a contractual agreement BEFORE the affair started)

 

The bottom line: if you sleep with another person's spouse in my state, or help break up a marriage in my state, regardless of what excuse you use, and you get caught - the BW/BH can sue you for your contribution to the demise of their marriage.

 

There have been some really large settlements awarded. The thing about it is though is that sometimes you sue, get a large settlement and OW/OM simply can't pay it off. You will have dropped many thousands of dollars into a lawsuit, only to get none of it back. I guess for some people though, they are happy just to see the OW/OM get punished regardless of the cost.

[GreenEyedLady]

I am a little curious as to how this law works.

 

Do the husband and wife need to be divorced or in the process of a divorce in order for the wife to sue the other woman for AOA? Or can she sue the OW if they are still married?

 

If you're in the U.S. there's only a few states where someone can bring an Alienation of Affection lawsuit...I think there was only 7.

[White Flower]

The bottom line: if you sleep with another person's spouse in my state, or help break up a marriage in my state, regardless of what excuse you use, and you get caught - the BW/BH can sue you for your contribution to the demise of their marriage.

 

.

 

I don't want you to give your state away, but do you happen to have a list of all states with these laws. They don't need to be exact, of course. Thanks.

[reboot]

There's actually 8.

 

Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, Utah.

[GreenEyedLady]

I don't want you to give your state away, but do you happen to have a list of all states with these laws. They don't need to be exact, of course. Thanks.

 

Hawaii, New Mexico, North Carolina, Utah, I can't remember the other three...you can google it though...

[White Flower]

There's actually 8.

 

Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, Utah.

Thanks reboot and GreenEyedLady:)

[Impudent Oyster]

I sense a huge sigh of relief....

[IWALH]

I sense a huge sigh of relief....

 

I already knew it didn't apply to the state they live in nor the state I live in.

[White Flower]

I sense a huge sigh of relief....

 

You got it, sister!

[Darth Vader]

In my state, alienation of affection and criminal conversation are some serious business, resulting in some large settlements. They can be used before or after separation/divorce with a three year statute of limitations.

 

In alienation of affection, the BS only has to prove three things in order to win a settlement:

 

1. That there was love between the spouses before the affair (at any point before the affair).

2. The love was lost due to the affair (even if the love was already dying - if the affair is what ultimately kills it, then it can be used against the OW/OM)

3. OW/OM contributed to the loss of that love.

 

If you are accused of criminal conversation as OW/OM you can't really defend against it, if there is proof you had sex with the BW/BH's spouse. For example:

 

1. It doesn't matter if you didn't know he/she was married.

2. It doesn't matter if it was consensual.

3. It doesn't matter if the couple was separated and living separately.

4. It doesn't matter if the married person seduced the OW/OM.

5. It doesn't matter if the marriage was unhappy.

6. It doesn't matter if the affair sex did not otherwise affect the marriage.

7. It doesn't matter if the MM/MW was being abused by the BW/BH.

8. It doesn't matter if the BS/BH had themselves been unfaithful.

9. It doesn't matter if the BS/BH had consented to extramarital activity (unless they had a contractual agreement BEFORE the affair started)

 

The bottom line: if you sleep with another person's spouse in my state, or help break up a marriage in my state, regardless of what excuse you use, and you get caught - the BW/BH can sue you for your contribution to the demise of their marriage.

 

There have been some really large settlements awarded. The thing about it is though is that sometimes you sue, get a large settlement and OW/OM simply can't pay it off. You will have dropped many thousands of dollars into a lawsuit, only to get none of it back. I guess for some people though, they are happy just to see the OW/OM get punished regardless of the cost.

 

 

If you don't mind me asking, which State is that?

[Darth Vader]

There's actually 8.

 

Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, Utah.

 

 

Illinois? Hmm, that might prove useful!

[bish]

Im in the USA I'd bet as sue happy as this country is you can sue no matter what the circumstances

 

I think you should be able to sue your spouse and their lover for adultery.

 

I think the adulterer should lose the right to traditional 50/50 of the marital assets...maybe 75% going to the BS. I think the cheater should lose custody rights as long as the BS is a fit parent.

 

And as far as the OM/OW...hmmm...don't know...I'll have to think about that one. Maybe a year in jail or something.

[bish]

There's actually 8.

 

Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, Utah.

 

Ah, its good to be in Illinois...with the exception of all the commies we have for our "leaders".

 

At least on the alienation of affection front....it gives me a warm fuzzy feeling.

[reboot]

We actually lived in one of those states at the time, but moved to one that isn't on that list right after. Too bad, I didn't even know there was such a thing then. Not that that loser had anything to sue for.

[White Flower]

This came out on MSN online today about this subject:

 

 

http://today.msnbc.msn.com/id/21529255/?GT1=10450

 

A rich Mississippi man gets sued for AoA for "stealing" a plummer's wife.

[bish]

This came out on MSN online today about this subject:

 

 

http://today.msnbc.msn.com/id/21529255/?GT1=10450

 

A rich Mississippi man gets sued for AoA for "stealing" a plummer's wife.

 

oh ya...that woman knew what she was doing....messing around with someone who probably won't be around in the next 5 years with 22 million.

[Gwyneth]

What a load of balls this law is. Alienation of affection is just another reason for American's to sue one another. This country is just out of control. Every time I turn around, someone is sueing someone for something so dumb sometimes.

[Gwyneth]

I see your point there. I know people are still suing for alienation of affection. Actually, a few weeks back, there was an article in the NY Post about some guy suing another guy for stealing his wife. I pointed out to MM and we laughed. Fortunately, it's not legal in this state to do that (unless you had lots of money in which she doesn't). She's also risk the chance of being deported back to C. America (gosh I only hope)...

[Mittens]

In my state, alienation of affection and criminal conversation are some serious business, resulting in some large settlements. They can be used before or after separation/divorce with a three year statute of limitations.

 

In alienation of affection, the BS only has to prove three things in order to win a settlement:

 

1. That there was love between the spouses before the affair (at any point before the affair).

2. The love was lost due to the affair (even if the love was already dying - if the affair is what ultimately kills it, then it can be used against the OW/OM)

3. OW/OM contributed to the loss of that love.

 

If you are accused of criminal conversation as OW/OM you can't really defend against it, if there is proof you had sex with the BW/BH's spouse. For example:

 

1. It doesn't matter if you didn't know he/she was married.

2. It doesn't matter if it was consensual.

3. It doesn't matter if the couple was separated and living separately.

4. It doesn't matter if the married person seduced the OW/OM.

5. It doesn't matter if the marriage was unhappy.

6. It doesn't matter if the affair sex did not otherwise affect the marriage.

7. It doesn't matter if the MM/MW was being abused by the BW/BH.

8. It doesn't matter if the BS/BH had themselves been unfaithful.

9. It doesn't matter if the BS/BH had consented to extramarital activity (unless they had a contractual agreement BEFORE the affair started)

 

The bottom line: if you sleep with another person's spouse in my state, or help break up a marriage in my state, regardless of what excuse you use, and you get caught - the BW/BH can sue you for your contribution to the demise of their marriage.

 

There have been some really large settlements awarded. The thing about it is though is that sometimes you sue, get a large settlement and OW/OM simply can't pay it off. You will have dropped many thousands of dollars into a lawsuit, only to get none of it back. I guess for some people though, they are happy just to see the OW/OM get punished regardless of the cost.

 

 

The above makes me glad I live in a (reasonably) civilized country, that expects adults to deal with personal situations in a adult manner, and not look to hysterically sue each other, just because things haven't gone their way...

 

A truly ****ed up law...hard to believe seeing the above that we are now in the 21st Century

[Rooster_DAR]

What a load of balls this law is. Alienation of affection is just another reason for American's to sue one another. This country is just out of control. Every time I turn around, someone is sueing someone for something so dumb sometimes.

 

While I agree with Americans suing for stupid reasons, I also can understand why this particular law was adopted. Considering that most domestic violence (murders) stem from infidelity and cheating, I think it's a good idea to put a noose around a cheater by all means, whether it be suing or delegation or default of property and children.

 

With that said, mature and secure people are able to let a cheating lover go more easily than say, a person who has abandonment issues or alcoholism. So I can understand where a secure stable person thinks this law is lame, but at the same time there are probably more people out there that flail in their thinking when uncovering an affair and allow the emotions to control their actions.

 

I don't think this law is nearly as stupid as many other out there, just my two cents.

 

Cheers!

[Gwyneth]

It's absolutely ridiculous to sue for alienation of affection.

 

Can the OW / OM counter sue?

 

And why can the BS sue the OW / OM, but not the spouse? I would think the spouse would be sued--not the OW / OM.

 

Wow, I was truly amazed the first time I had Ever heard of this. I forget where, but when I heard it, I was appalled.

[Rooster_DAR]

I can understand your thoughts to a point, however it's more complicated than you think. There are many things involved in a partnership, including children and property. Consider marriage, you commit yourself to a person in sickness and in health, but when the other person decides to go outside of that commitment, the partnership ends, and the parties begin to divide personal property and children, we need to have consequences setup that will end the differences on a fair and equal basis.

 

Is it fair for the infidel to inherit anything? Very little I would say.

 

If a person cannot commit to a promise of marriage, they have no business being married, especially if they find a need to fish in another mans well. And if they do decide to venture outside of this promise, there should be consequences of their actions. If anything, I think the law should scrutinize marriage and provide penalties for anyone who breaks the marriage contract, after all that's really what it is a contract. Actually it would be nice if there were a 1 year grace period along with education couple on what it takes to make a marriage work before they are allowed to obtain a license to wed.

 

In contrast, I believe a person can do as they please as long as they do not enter a commitment full on, and let the other person know ahead of time that they may not be the only person in their life, it's the responsible thing to do don't you think?

 

Cheers!