Divorce Dex.com: Alienation of Affection

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Definition Alienation of Affection - any intentional, malicious interference with a marriage.

Application in Divorce In the past, an aggrieved spouse could bring an action against a third-party wrongdoer without a divorce action. Today courts will entertain fault divorces that name the co-respondent a defendant, but he or she is generally not liable financially for the adultery.

Many states have abolished alienation of affection as a ground for action.

See also Heart Balm Statutes.

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Quick Facts on Alienation of Affections & Criminal Conversation

Alienation of Affections is a civil action by a husband or wife against a third party for that party’s conduct which deprived the husband or wife filing the action of the love and affection that previously existed between husband/wife and his/her spouse. The party bringing the suit does not have to show evidence of adultery.

Alienation of Affection State Laws

A state-by-state overview of current laws and state alienation of affection resources.

The Buck Stops Here: Alienation of Affection

The Supreme Court of Missouri just issued a decision abolishing the tort known as "alienation" of affection, which formerly allowed a wife to sue the woman who committed adultery with her husband. (Men could sue as well, of course; I just couldn’t figure out an elegant way to phrase the previous sentence so as to be gender-neutral.)

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