Legal Question in Family Law in California
Loss of Affection in a Marriage Lawsuit
I heard about this on "48 Hours", but the show did not list the states it was allowed in. Is this type of lawsuit allowed in Colorado and/or the state of California? A divorced spouse was allowed to sue the person who "stole" their spouse.
2 Answers from Attorneys
alienation of affection
The tort you refer to is a "heart balm tort" called alienation of affection. The last time I checked, it was only allowed in 6 states, NC being one of them. We're trying our best to get the statute repealed. I doubt seriously that it exists in either CO or CA.
Alienation of Affection Lawsuit
This type of lawsuit is available in my state (NC), and i would GUESS that it is available in most, if not all states. It may be an uphill battle, though, because I imagine that you will have to prove (1) there was affection before this person interfered and (2) this person was the cause of the loss of affection. That may not be as easy as it sounds. And then, to do any good, the "stealer" has to have (1) assets that (2) you can get at. No point in winning a lawsuit that you can get nothing out of. Talk with an attorney in your state.