Legal Question in Family Law in California
alienation of affection
I would like to know what alienation of affection means.My boyfriend is going through a divorce, and his soon to be ex-wife wants to sue me for alienation of affection. Can she do this, and what can I do if she does?
2 Answers from Attorneys
Re: alienation of affection
Alienation of affection is a claim that means that she's blaming you for causing the marital breakdown, i.e., you wedged yourself into your boyfriend's life, thereby causing him to stray from his wife. It would be a civil law suit, and she'd be claiming damages---maybe the cost of the divorce, or her counseling bills? You'd defend it by presenting evidence of how the marriage broke down a long time before you came into the picture. It's unlikely that she'll be able to find a lawyer to take on this case, as "alienation of affection" seems like a long shot, because it will be difficult for her to prove her marriage was perfect until you became involved. Damages might be hard to prove, too, depending on the circumstances. It's probably just a threat, but if she actually files suit, you'll need to see a lawyer. Any lawsuit is serious business.
Good luck.
Diana Mercer
Re: alienation of affection
I wouldn't worry too much. It is against the law to file a lawsuit for alienation of affection and state of California.