Alienation of Affection
Alienation of Affection ( dt. Alienation ) is a tort law compensation claim in the laws of some states .
The offense presupposes that a third party destroys a marriage and causes one spouse to turn away from the other emotionally, usually as a result of adultery . The offense claim primarily affects a public interest in the preservation of marriage and is generally considered less to the loss of affection of a spouse ( loss of affection ) as the loss of the marital partnership ( loss of consortium aligned). The claim goes back to the old English law, according to which a husband had the same rights over the loss of his wife as he had under the theft of property.
The plaintiff in such cases must prove that the marriage was damaged as a result of the affair. Claimants today can be men or women, the opponent is the lover. The claim still exists today in Hawaii , Mississippi , New Mexico , Oklahoma , South Dakota , Utah and North Carolina .
Individual evidence
- ^ Robert C. Brown: The Action for Alienation of Affections , University of Pennsylvania Law Review and American Law Register Vol. 82, no. 5 (Mar., 1934), pp. 472–506 (English)
- ↑ Christina Maxouris, Leah Asmelash: A North Carolina man just won a $ 750,000 lawsuit after suing his wife's lover CNN , October 3, 2019 (English)
- ↑ a b Julia Naftulin, Gabby Landsverk: Cheating on your partner in Oklahoma Could country you in jail for five years. In these 6 other US states, infidelity could also get you in legal trouble Insider.com from September 9, 2019