subject: Can I Sue a Cheating spouse? - Personal Injury Group Tip [print this page] Can I Sue a Cheating spouse? - Personal Injury Group Tip
Surprisingly, in some states you can sue your spouse and/or the person they are having an affair with due to the "Alienation of Affection" law. If this sounds like something you would like to pursue, and it is legal in your state, talk to a personal injury group in your area. This law states you can sue a third party if your spouse leaves the marital relationship in pursuit of someone else. Not all states allow "Alienation of Affection" lawsuits to take place. In fact, only a handful of them do. As of the end of 2010, they are Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. There are a few major points you must prove to have any reasonable chance of winning your case. First, you must prove that love between the married couple truly existed before the third party entered a relationship with one of the spouses. Then, you need to prove that the love was damaged by the third party that came into the scenario. In addition, and sometimes more difficult to prove, you must demonstrate beyond doubt that the conduct on the side of the third party was malicious in nature and had the direct intent to break up the married couple's relationship. The states that do not allow the "Alienation of Affection" law to take place believe it is an archaic form of revenge, as many would agree. But, opinions aside, you may have legal recourse if you find yourself in this situation. Your personal injury group will help you prove that unlawfully breaking marriage vows is not something that can go unpunished.
Historically, the "Alienation of Affection" law was put in place because females were considered to be property of their husbands. Therefore, if they engaged in sexual intercourse with men outside of their marriage, it was thought that the woman had been stolen by the other man or men, though this law in affect punishes both groups. Today, the reasoning that some states have adopted that allows a personal injury group to become involved in such cases is that the law protects the traditional marriage.
There is other nomenclature that the "Alienation of Affection" law is known as, including heart balm torts, spousal theft, criminal conversation, and simply revenge. The emotional and financial traumas that are commonly experienced by someone who has been cheated on can be incredibly painful and most always life changing. Instead, you can engage the person who "stole" your spouse in a court battle or settle the case in a more reasonable fashion. Working closely with a personal injury group is your best bet for winning your case and seeing justice return to your side.
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