Alienation of affection generally refers to the legal consequences flowing from the consequences your spouse's affair has on your relationship, according to the American Bar Association Section of Family Law. Specifically, alienation of affection addresses the impact the individual who engaged in an intimate relationship with your spouse has on your marriage. The laws regarding an allegation of alienation of affection vary significantly from one state to another.
Alienation of Affection And Fault Divorce
A majority of states maintain no-fault and fault divorce statutes. Pursuant to the provisions of a fault divorce statute, you must demonstrate some sort of marital wrongdoing to obtain a dissolution of your marriage. Adultery and associated issues, including the conduct of a spouse's paramour, represents wrongdoing upon which a fault divorce can be pursued. The conduct of your spouse's lover in alienating his affections toward you becomes a primary factor in this type of fault divorce case.
Alienation of Affection And Alimony
An allegation of adultery and alienation of affections impacts a potential alimony award. If your spouse, who committed adultery and is involved intimately with another individual, makes a claim for alimony or spousal maintenance, you have a defense based on alienation of affections, according to Cornell University School of Law. The contention is that because of the affair and alienation of affections, your should not be further penalized for this type of misconduct by facing an alimony obligation. This result particularly occurs in a case where your spouse is living with the paramour.
Independent Lawsuit
Alienation of affection as a separate cause of action--individual type of lawsuit--no longer exists in most U.S. states as of 2010. A independent lawsuit for alienation of affection can still be filed in Utah, South Dakota, New Mexico, Mississippi, North Carolina, Illinois and Hawaii, according to CNN. What this means is that in these seven states you can file a lawsuit specifically suing a person who engaged in an adulterous affair with your spouse for monetary damages. This type of independent lawsuit permitted in these states is in addition to a divorce case.
Alienation of Affection, Divorce and Your Legal Rights
Due to the complexity of alienation of affection and divorce laws, consider exercising your right to legal representation. A trained attorney puts you into the best position to protect your rights and interests in regard to these types of legal matters. Local and state bar associations can assist you in locating attorneys who specialize in divorce-related cases. Contact information for these organizations is available through the American Bar Association at:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
