Virgin Islands Complaint for Alienation of Affections

State:
Multi-State
Control #:
US-CMP-10023
Format:
Word; 
Rich Text
Instant download

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This is a multi-state form covering the subject matter of the title.
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  • Preview Complaint for Alienation of Affections
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FAQ

Which states recognize alienation of affection? Alienation of affection is no longer grounds for a lawsuit in most U.S. states but there are some exceptions. It is possible to file a civil lawsuit for alienation of affection only in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah.

Because alienation of affection is premised upon antiquated concepts, faulty assumptions, and is inconsistent with precedent, the tort is abolished in Missouri.

A lawsuit for alienation of affection or criminal conversation must be brought no later than three years from the last act of the paramour giving rise to these claims. For a criminal conversation claim, that means no later than three years from the last time the paramour and the cheating spouse had sexual intercourse.

Though it's not illegal to cheat on your spouse, there may be repercussions in a civil court for infidelity depending on your location. Few people are ever successful in winning alienation of affection claims because of the elements that are required for a successful case.

ALIENATION OF AFFECTION DEFENSE: The defense may try to prove that the marriage was already falling apart by bringing up evidence that the married couple were planning on getting divorced, sleeping in separate bedrooms, or going long periods of time without communicating.

Today, alienation of affection is cause for legal action in only eight states: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota and Utah. The most recent state to distance itself from alienation of affection law was Missouri.

2d 549. (1959) One spouse cannot maintain civil action for damages against the other for personal injuries resulting from negligent acts committed during the marriage.

Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-20-202. Civil causes abolished. All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are hereby abolished.

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Virgin Islands Complaint for Alienation of Affections