US Legal Forms
Legal definitions
C
Civil Causes of Action - Alienation of Affections

Understanding Civil Causes of Action - Alienation of Affections

Q: What do I need to prove in an alienation of affections case?

You must show that there was a valid marriage, intentional interference by a third party, and resulting emotional distress.

Q: Is there a time limit for filing a claim?

Yes, there are statutes of limitations that vary by state, so it&#039;s important to act promptly.

Definition & Meaning

Alienation of affections refers to a legal claim made by one partner against a third party who is believed to have caused the breakdown of their relationship. This typically occurs when one partner convinces another to leave their spouse, leading to a loss of companionship and emotional support. While this was once a recognized civil wrong, the ability to sue for alienation of affections has been abolished in most states across the U.S. Currently, only a few states, including Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah, still allow such claims.

Table of content

Legal Use & context

Alienation of affections is primarily used in civil law, particularly within family law contexts. It allows individuals to seek damages for emotional distress and loss of companionship caused by a third party's interference in their marriage. Users may find legal templates and forms that assist in filing such claims through platforms like US Legal Forms, which provide resources drafted by legal professionals.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A man discovers that his wife has been having an affair with a coworker. He believes the coworker actively encouraged her to leave their marriage. The husband may file a lawsuit for alienation of affections against the coworker, seeking damages for the emotional pain and loss of companionship he has experienced.

State-by-state differences

State	Recognition of Alienation of Affections
Hawaii	Yes
Illinois	Yes
North Carolina	Yes
Mississippi	Yes
New Mexico	Yes
South Dakota	Yes
Utah	Yes

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Alienation of affections	Claim against a third party for causing a partner to leave.	Focuses on emotional loss and companionship.
Criminal conversation	Legal claim for adultery.	Specifically involves sexual relations, not emotional loss.

Common misunderstandings

What to do if this term applies to you

If you believe you have a valid claim for alienation of affections, consider the following steps:

Gather evidence of the relationship and any communications that indicate interference.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for relevant templates to assist in filing your claim.
Be prepared for the possibility of complex legal proceedings, which may require professional representation.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Typical states recognizing the claim: Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, Utah.
Nature of the claim: Civil action for emotional distress.
Possible outcomes: Damages for loss of companionship and emotional pain.