What States Still Have “Homewrecker” Laws?

The short answer is that as of today, only six states in the United States still allow lawsuits against someone accused of breaking up a marriage, often colloquially referred to as “homewreckers.” These states are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. It’s crucial to understand that these laws, formally known as “Alienation of Affection” claims, are complex and have specific requirements and limitations.

Understanding Alienation of Affection Laws

The Basics of Alienation of Affection

An Alienation of Affection lawsuit is a civil action that allows a spouse to sue a third party whom they believe is responsible for the breakdown of their marriage. This legal action is based on the premise that the third party intentionally interfered with the marital relationship, causing damage to the aggrieved spouse. It’s essential to understand that merely having an affair with a married person doesn’t automatically qualify as alienation of affection; the plaintiff must prove specific elements.

Elements of an Alienation of Affection Claim

To succeed in an Alienation of Affection lawsuit, the plaintiff generally needs to prove the following:

• A valid marriage: The couple must have been legally married at the time of the alleged interference.
• A loving marriage: There must have been genuine love and affection between the spouses before the third party’s involvement. Evidence of a happy marriage before the affair is critical. This can be proven through photos, testimonies from friends and family, and other expressions of affection.
• The third party’s wrongful conduct: The third party must have actively and intentionally interfered with the marital relationship. This goes beyond simply having an affair; it requires actions aimed at alienating the affections of the spouse.
• Causation: The third party’s actions must have been the direct and proximate cause of the alienation of affection and the subsequent breakdown of the marriage. This means that the marriage failed because of the third party’s actions, not due to pre-existing issues.
• Damages: The plaintiff must have suffered damages as a result of the alienation of affection. These damages can include emotional distress, mental anguish, loss of consortium (companionship and intimacy), and financial losses.

Why Are These Laws Still Around?

The persistence of Alienation of Affection laws in a handful of states reflects a complex mix of historical legal precedent, cultural values, and legislative inertia. Historically, these laws were rooted in the idea that a wife was considered the property of her husband, and interference with the marital relationship was seen as a form of property damage. While the rationale has evolved over time, some argue that these laws serve to protect the sanctity of marriage and provide a legal remedy for the devastating emotional and financial consequences of infidelity.

Practical Considerations

Filing an Alienation of Affection lawsuit can be a costly and emotionally draining process. It often involves extensive discovery, including depositions and the production of documents, and can be a highly public affair. Moreover, the outcome of these cases is often uncertain, as they depend heavily on the specific facts and circumstances and the persuasiveness of the evidence presented. Before pursuing such a claim, it’s crucial to carefully weigh the potential benefits against the costs and risks involved.

These types of cases can also raise complex ethical considerations. Some critics argue that they are outdated and serve only to further exacerbate the pain and conflict associated with divorce. Others contend that they provide a necessary deterrent against intentional interference with marital relationships. The Games Learning Society also tackles complex ethical considerations in many of its learning programs. You can find out more information on the GamesLearningSociety.org website.

Frequently Asked Questions (FAQs) About “Homewrecker” Laws

Here are some frequently asked questions (FAQs) about “Homewrecker” laws:

1. What is the difference between Alienation of Affection and Criminal Conversation?
   • Alienation of Affection focuses on the third party’s intentional interference with the marital relationship, causing a loss of affection between the spouses. Criminal Conversation, on the other hand, is simply the act of having sexual intercourse with someone who is married. Some states that allow Alienation of Affection also allow Criminal Conversation claims.
2. Can I sue my spouse for cheating in a state that doesn’t have Alienation of Affection laws?
   • No, you cannot sue your spouse directly for Alienation of Affection or Criminal Conversation. These lawsuits are specifically against the third party. However, your spouse’s adultery might influence decisions regarding alimony or property division in a divorce proceeding, depending on the state’s laws.
3. Is there a statute of limitations for filing an Alienation of Affection lawsuit?
   • Yes, there is a statute of limitations, which is a time limit within which you must file the lawsuit. The specific time frame varies by state. It’s crucial to consult with an attorney to determine the applicable statute of limitations in your jurisdiction.
4. What kind of evidence is needed to prove Alienation of Affection?
   • Evidence can include photographs, letters, emails, text messages, social media posts, and testimony from friends, family, and other witnesses. Any evidence that demonstrates the loving nature of the marriage before the affair and the third party’s intentional efforts to interfere with the relationship is valuable.
5. Can I sue for Alienation of Affection if my spouse and the third party didn’t have a sexual relationship?
   • Yes, it’s possible. While a sexual relationship is often a factor in Alienation of Affection cases, it’s not always required. The key is whether the third party intentionally interfered with the marital relationship and caused a loss of affection, regardless of whether a sexual relationship occurred.
6. What kind of damages can I recover in an Alienation of Affection lawsuit?
   • Damages can include emotional distress, mental anguish, loss of consortium (companionship and intimacy), medical expenses for treating emotional distress, and financial losses incurred as a result of the divorce, such as legal fees or lost income.
7. Can I sue someone who didn’t know my spouse was married?
   • It’s unlikely you’ll succeed in an Alienation of Affection lawsuit if the third party was genuinely unaware that your spouse was married. Intentional interference is a key element of the claim.
8. Does adultery affect alimony or property division in divorce proceedings?
   • In some states, adultery can be a factor in determining alimony or property division. In “fault” divorce states, a spouse’s adultery may be considered when deciding these issues. However, in “no-fault” divorce states, adultery is generally not a factor.
9. What are the ethical considerations involved in pursuing an Alienation of Affection lawsuit?
   • Some argue that these lawsuits are vindictive and only serve to prolong the pain and conflict associated with divorce. Others believe they provide a necessary deterrent against intentional interference with marital relationships. It’s essential to consider the ethical implications before pursuing such a claim.
10. Are there any defenses to an Alienation of Affection claim?
    • Yes, several defenses can be raised, including that the marriage was already troubled before the third party’s involvement, that the third party didn’t know the person was married, or that the third party didn’t intentionally interfere with the marital relationship.
11. Is talking to another woman while married considered cheating?
    • The answer is that it’s what you can live with. It’s important to have a chat early on with your S.O. to set some ground rules as to what is and isn’t acceptable in your relationship. You might find that you have very different definitions of cheating or that only a few actions aren’t viewed the same between you both.
12. Can text messages prove adultery?
    • Any texts between your spouse and another party, photos, emails, group chats, or other communication can be found on a cell phone and provide a great amount of incriminating evidence. A skilled divorce attorney will look at all potential sources of data in order to uncover evidence of adultery.
13. What is tortious interference with marital relationship?
    • It is a civil action as between spouses, or against a third party for their interference in the marital relationship. As with most torts, these actions may be based on a party’s intentional or negligent behavior. In most jurisdictions marital privileges and immunities are suspended for the purpose of the proceedings.
14. What rights do I have if my wife cheated on me?
    • You do have rights. You can seek a civil restraining order against that person if his (or her) conduct rises to the level of harassment or a threat of harm to you. Such restraining orders are usually outside of the family law forum.
15. Can I date while separated in TN?
    • There are 15 grounds for divorce in Tennessee, and two of them are “inappropriate marital conduct” and “adultery”. You may not think it so, but sexual activity during separation fits into one of these grounds. If you are dating during your separation and others know about it, this is inappropriate marital conduct.

Navigating the Legal Landscape

If you believe you have a valid Alienation of Affection claim, it’s crucial to consult with an experienced attorney in one of the states that still recognize these lawsuits. An attorney can assess the specific facts of your case, advise you on your legal options, and represent you in court if you choose to pursue a claim. Remember, the legal landscape surrounding these laws can be complex, and it’s essential to have qualified legal guidance.