What is an "alienation of affection lawsuit?"

For the most part, an ‘alienation of affection lawsuit’ is a civil tort suit better known as a heartburn or home-wrecker lawsuit are filed by spouses against a third party who they believe was responsible for the breakdown of their marital relationship.

Sometimes a spouse makes a mistake which causes discord in the marriage. 

In the movie Bad Boys, this is what Marcus Burnett accused Mike Lowrey of doing, being a home wrecker when they switched roles to trick a witness into helping them with their criminal case against Fouchet. It was not a pleasant moment for Burnett, Lowrey did not seem to care that much.

Santa Fe, NM divorce lawyers proclaim that alienation of affection cases is filed by spouses who faced abandonment due to a third party intervention. In the lawsuit the spouse claims compensation from the third party for loss of affection that was prevalent in the marriage before the interference.

Usually third party lovers are sued in such lawsuits. However, anyone who interfered with a harmonious marriage can be named in the lawsuit. Clergymen, parents, in-laws, siblings, and even therapists who suggested divorce while counseling a couple can be named as defendants. In the Bad Boys case, it would have been their Captain, Captain Howard. But actually there would not be a case since Lowrey did not have an affair with Burnett’s wife, he just laughed at old pictures of Burnett, among other things. On top of that Florida does not allow this type of lawsuit but the Bad Boys example was still on point (Bad Boys took place in Miami). The states that do mention this type of lawsuit will be mentioned shortly.  

If you need a Santa Fe, NM divorce lawyer, you have the means to find one and with so much at stake, you have a strong reason to make the phone call.  

Divorce lawyers in New Mexico stress that alienation of affection lawsuit is not permitted is most states. These torts are allowed only in North Carolina, New Mexico, Hawaii, Mississippi, South Dakota, Utah, and Illinois.

How can you prove alienation of affection?

• To begin with, you will have to prove that you had shared love and affection with your partner and you were in a perfectly happy relationship.
• Secondly, affection and love was destroyed.
• Thirdly, destruction of the relationship was caused by the malicious behavior of a third party.
• As a result of the alienation you suffered mental trauma and humiliation.

Types of remedies granted in such cases

Divorce attorneys in New Mexico clarify that there are various types of damages available for a spouse. You can claim damages for loss of consortium or marital fellowship or affection, humiliation, mental anguish, loss of support, and injury to health, in addition to punitive damages.

The law might soon become redundant

Many lawmakers, judges and legal experts believe that this type of law is impractical in the modern age. The majority of alienation of affection cases surface in North Carolina. As reported by ABC News, in 2010 a judge awarded $9 million to Cynthia Shackelford when she was able to prove that her marriage of 33 years was ruined due to her husband’s mistress. Now she can buy a yacht. It is all about the money.

However, recently John Craig III, Superior Judge of Forsyth County, NC dismissed a lawsuit brought by Angela Rockroth, citing that the law is obsolete. It will be interesting to see if the judgment will instigate similar dismissals in NC and in other states while divorce lawyers in Santa Fe, NM pay close attention.

If you do not stay in any of the above mentioned states then you cannot sue the person responsible for the breakup. You will have to take the popular route of separation and divorce. However in some states like New Mexico where fault divorces are permitted, if you can prove adultery, then you can acquire a better share of the assets and property.

If you wish to sue a third party for alienation of affection it would be prudent to seek the help from a New Mexico divorce lawyer to evaluate your case and protect your rights.

Burnett and Lowrey were not too computer savvy in those movies but you do not have to be to use this sensational website which is Divorce.USAttorneys.com. This website is so intuitive, even Lowrey and Burnett could figure it out and they would not need Fletcher! If your marriage is weak, it is time you make a phone call to a legal counselor to find out more about what moves you need to make.