Sentences with phrase «for alienation of affections»

An action for alienation of affections could, however, be brought against any person, not just a lover, who enticed a spouse away from the marital relationship.

September 2002 — Intentional Infliction of Emotional Distress as a Substitute for Alienation of Affections

392 (1962); Destefano v. Grabrian, 763 P. 2d 275 (Colo. 1988)(finding claims for mental pain and suffering, based on theories of negligence and intentional infliction of emotional distress, «plainly set forth claims for alienation of affections and criminal conversation»); Strauss v. Cilek, 418 N.W. 2d 378 (Iowa Ct..

Kansas abolished the cause of action for alienation of affections by Kan..

724, 381 S.E. 2d 472, review denied, 325 N.C. 545, 385 S.E. 2d 498 (1989), the husband sued the wife's lover for alienation of affections and criminal conversation, and was awarded punitive damages.

181, 183 (1995); see generally Annotation, Constitutionality, Construction, and Application of Statutes Abolishing Civil Action for Alienation of Affections, Criminal Conversation, Seduction, and Breach of Promise to Marry, 158 A.L.R. 617, 619 (1945), supplemented by 167 A.L.R. 235 (1947).

[W] e wish to make clear that abolition of the actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional breach of contract action merely because the breach arose from an improper liaison with the plaintiff's spouse or because the effect of the alleged breach or tortious conduct was a disruption or breakup of his or her marriage....

See, e.g., Rotwein v. Gersten, 160 Fla. 736, 36 So.2 d 419 (1948)(although actions for alienation of affections, criminal conversation, and breach of contract to marry were a part of the common law and have long been a part of the law of this country, when they became an instrument of destruction and blackmail, act abolishing them was within legislative power).

Thus, an action for alienation of affections could lie against an in - law, a friend, a professional counselor, or even a member of the clergy who counsels divorce.

See Annotation, Punitive or Exemplary Damages in Action by Spouse for Alienation of Affections or Criminal Conversation, 31 A.L.R. 2d 713 (1956).

Otherwise, the cause of action is for alienation of affections, which is not legally recognized in this state.

In South Carolina the answer is no: in 1992 the South Carolina South Carolina eliminated causes of action for alienation of affections and criminal conversation.

[T] he comfort and consortium injuries alleged by [the husband] were sufficient to state a claim for alienation of affections, and under South Dakota law, [the husband] could not recover on this claim unless he proved that Pins intended to cause those specific injuries.

Co., where an insured sought coverage under a personal liability insurance umbrella policy for liability and defense costs arising out of a suit filed against him for alienation of affection by his lover's husband.

A: You may have a claim for Alienation of Affection or Criminal Conversation against your spouse's lover.

(This case was in Florida — In North Carolina, this event could lead to a mandatory alimony payment, or tort action for Alienation of Affection or Criminal Conversation).

The 1962 Supreme Court of Canada case Kungl v. Schiefer confirmed that there were no damages to be awarded for alienation of affection.

(This case was in Florida — In North Carolina, this event could lead to a mandatory alimony payment, or tort action for Alienation of Affection or Criminal Conversation).

A written agreement is not required to establish a legal separation in North Carolina, but it may be necessary to sidestep legal complications, such as the purchase of real property before the divorce is finalized (called a «free trader clause»), and establish the date of separation and waive claims a spouse may have against a third party (called a «third party waiver») for alienation of affection and / or criminal conversation.

hold out» jurisdictions which continue to preserve the notion of alienation of affection, most states have abolished the cause of action for alienation of affection and consequently a cause of action for parental alienation has effectively been precluded.

A cause of action for alienation of affection is recognized by most states, the recent addition of Parental Alienation is continuing case law action that promises more good results for children that are kidnapped / abducted through false allegations in custody cases.

Not exact matches

--- Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states).

So, for example, alienation of affections — a type of heart balm tort — allows a married person to sue a third - party paramour for damaging the relationship.

The court determined that by definition, alienation of affection was an intentional tort, which could not be deemed an accident, for which coverage might be available.

At common law, a spouse had two causes of action for offenses against the marriage relation: enticement or alienation of affections, and seduction or criminal conversation.

Doing so could lead to potential claims for criminal conversation, alienation of affection, or even cut - off any claim for alimony (or require you to pay alimony) as a result of the adultery.

Whether you choose to take the alienation of affection case to trial or to use it as leverage against your spouse in a divorce agreement, we stand by your right to fight for what's fair.

If your spouse commits adultery, an alienation of affection lawsuit allows you to take the third party to court for robbing you of the affection in your marriage.

At Southpark Family Law, the divorce lawyers provide high quality legal representation for all family law issues, including: Child Custody, Child Support, Alimony, Post Separation Support, Equitable Distribution, Separation Agreements, Mediation, Collaborative Law, Domestic Violence, Alienation of Affection, Absolute Divorce, Adoptions, and Civil No - Contact Cases.

Some people have tried to sue in civil court for «alienation of affection,» essentially arguing that they ought to be compensated for a harm caused to them by another who seduced their mate away.

Personal Injury Liability - liability coverage for those who have been discriminated against, falsely arrested, illegally detained, libeled, maliciously prosecuted, slandered, suffered from identity theft, mental anguish or alienation of affections, or have had their right of privacy violated.

The resulting alienation of the child from the parent creates degrees of diminished relationship between the child and the alienated parent in a manner which can result in loss of affection and a reduction in quality of life for that parent, and may create dysfunctional effects over time for the child.

Doing so could lead to potential claims for criminal conversation, alienation of affection, or even cut - off any claim for alimony (or require you to pay alimony) as a result of the adultery.

In marriage and family law, alienation of affection and interference with family relations (in acts associated with the parental alienation syndrome (PAS)-RRB- may be grounds for an intentional tort.

Ct. 1984) the court held that a cause of action for alienation of a child's affection is not recognized in Pennsylvania.

This in turn would create problems including alienation of the children's affection for their father.