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Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a person’s behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which can’t be answered. The top five queries related to alienation of affection are listed below: In which states is alienation of affection law recognized?
There are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws. Is it possible for someone to file a case under alienation of affection law in Maryland?
The state of Maryland has abolished the law, but allows petitions for divorces. Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?
Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendant’s lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse. Can someone from a state which doesn’t recognize alienation of affection laws file a case in a different state that recognizes the laws
A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued. Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?
It is possible for someone to be sued for alienation of affection even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized. Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws, ask Family Lawyers.
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