The 7 states that allow alienation of affection lawsuits are Hawaii, Illinois, Mississippi, New Hampshire, North Carolina, New Mexico, South Dakota, and Utah.
What If You Don’t Live in One of These 7 States?
If a wife with a cheating husband lives in one of the other 43 states that no longer have alienation of affection laws on the books, she may still be able to sue her husband’s mistress, if one of the following holds true:
• Her husband’s mistress lives in one of the 7 “alienation of affection states.”
• The actions or behavior which contributed to the alienation of affection occurred in one of these 7 states.
NOTE: This article is not intended to be legal advice. Only an attorney who specializes in alienation of affection lawsuits can determine if you have a legitimate case.
What does an Alienation of Affection Lawsuit Involve?
An alienation of affection lawsuit is not limited to a physical infidelity or sexual affairs. It can also apply to emotional infidelity, or cyber affairs. (also known as internet affairs or online affairs).
But alienation of affection is not easy to prove because 3 very specific types of proof are required:
• Proof that there was actually some degree of love between the wife and her husband
• Proof that the husband’s love for his wife was alienated or destroyed
• Proof that willful, malicious, or intentional conduct on the part of the husband’s mistress contributed to, or caused the loss of that love.
NOTE: A licensed private investigator can help you obtain court admissible proof See When Should You Hire a Private Investigator to Check Out a Cheating Mate?
Criminal Conversation Lawsuits
There is another closely related type of lawsuit called “criminal conversation” which is very similar to alienation of affection, but is much easier to prove – criminal conversation.
Criminal conversation is a legal term for actual sexual intercourse between the husband and his mistress. Proof of extramarital sex is required.
Because there are certain similarities between alienation of affection lawsuits and criminal conversation lawsuits, the two are often combined.
For more information, see the article entitledSuing Your Husband’s Mistress for Alienation of Affection and Other Legal Forms of Revenge – part 2
NOTE: This article is not intended to be legal advice. For further clarification, see Alienation of Affection and Criminal Conversation. It is also advisable to consult an attorney who specializes in alienation of affection lawsuits, to see if you have a legitimate case.
How Much Money Can I Get if I Win?
Amounts awarded in alienation of affection lawsuits vary from several thousand dollars to several million.
In March 2010, a jury awarded $9 million to Cynthia Shackelford of North Carolina in an alienation of affection/ criminal conversation lawsuit against her husband’s mistress. See Betrayed Wife Sues Husband’s Mistress for $9 Million and Wins – You Can Too – Part 1. But since the mistress has nowhere near that amount of money, it’s doubtful that Shackelford will ever collect.
In 2001, Christine Cooper of North Carolina, won a $2,000,000 judgment against her husband’s lover.
Also in 2001, Thomas Oddo , a college wrestling coach won of $1.4 million from the doctor who had an affair with his wife.
One North Carolina law firm reports that in 1997 a woman was awarded $1.2 million in a similar case.
A North Carolina jury granted a betrayed husband $243,000.
Another husband was won $1.4 million. Although the decision was later reversed, the husband still ended up with $500,000.
But not everyone who wins an alienation of affection lawsuit is able to collect.
How to Make Sure You Can Collect
If a wife actually hopes to collect on an alienation of affection lawsuit against her husband’s mistress, if the court rules in her behalf, there are 3 things she need to do:
• Find out the identity of her husband’s mistress
• Get court admissible proof.
• Make sure the mistress has sufficient assets to make a lawsuit worthwhile.
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