What Does Alienation of Affection Mean?
Affection between a husband and wife or a parent and child is the fabric that holds a family together. The survival of any emotional relationship depends on the bond between the parties. Sometimes this bond is broken by the actions of others. This is called "Alienation of Affection."
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Alienation of Spousal Affection
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Alienation of Affection occurs when an outside person interferes in the affection between husband/wife. The spouse who feels injured by this interference can bring a lawsuit against the person they think is responsible for the loss of affection.
Sexual Relationship & Alienation
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A sexual relationship does not need to exist between the defendant and the plaintiffs spouse, unlike Criminal Conversation cases.
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Proving Spousal Alienation of Affection
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To prove Alienation of Affection allegations in court, the plaintiff needs to show the marriage had love, the love was destroyed, and the defendant deliberately contributed to, or instigated the loss of love/affection. Even if the defendant did not try to break up the marriage, they can be held liable for the loss of affection.
States that allow Spousal Alienation of Affection Actions
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There are very few States that still allow Alienation of Affection lawsuits as many considered these laws to be a way to force "morality" on people. Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah still allowed these lawsuits as of 2008. While some States have never passed legislature to abolish Alienation of Affection lawsuits, they do not try them.
Parental Alienation of Affection
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Parental Alienation of Affection is when one parent attempts to cause, or does cause, a disruption in the relationship between a child and their other parent. The injured party can be the custodial or non custodial parent. Alienation occurs when one parent withholds viable information about their child from the other parent. Often, the offending parent will enlist the aid of the child in the alienation. The parent will encourage the child to withdraw from the other parent.
Long Term Effects of Parental Alienation
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Children who have been victims of Alienation of Affection suffer long term emotional and life style damage. These children may have an inability for healthy relationships and follow into the cycle of control and alienation. They may leave school and never finish. They may become depressed and self destructive, and convince themselves the alienated parent wanted nothing to do with them.
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