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?But South Dakota law protects a person whose marriage is wrongfully interfered with.? Alienation of affection, in theory, protects a spouse from a philanderer who intentionally seduces his or her mate. And while many states have judicially or legislatively done away with it, it's not stuck in the 18th Century.
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.
SIOUX FALLS, S.D. (KELO) ? It's a law most people don't even know exists, but it's against the law for someone to seduce a spouse from a happy marriage and it can result in an alienation of affection lawsuit.
South Dakota law defines adultery as "voluntary sexual intercourse between a married person and someone of the opposite sex who to whom he or she is not married." (S.D. Codified Laws § 25-4-3 (2021).) Adultery Laws Apply to Same-Sex Couples, Too.
The success of these cases depends on various factors, including jurisdiction, evidence, and the interpretation of the law by the judge. While there have been instances where plaintiffs have achieved favorable outcomes, the overall success rate of alienation of affection cases can vary widely.