herenow Posted March 20, 2008 Posted March 20, 2008 I There are a few states which still have "alien of affection" laws where an BS can sue an OP for injuries caused by interference in someone's marriage. 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. 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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