Legal Question in Family Law in Massachusetts
adultry
My best friend Claire made a mistake and had an affair, another friend called Claire's husband and told him all about it. Aside from being cruel, is this illegal?
2 Answers from Attorneys
Re: adultry
There is a cause of action called "Alienation of Affection" but that option is no longer viable in Massachusetts. However, if your friend or the husband or the third party has any connections with New Hampshire, Alienation of Affection is still possibly a viable action in that state.
Alienation of Affection is simply a cause of action where you can sue a third part in tort (personal injury) for interference with a marriage. It is a very old form of suit and is rarely used anymore. Even in the few states that still allow it, it is not certain if it would still be viable.
However, it is surely not criminal on the part of the friend.
Re: adultry
Truthfully reporting an affair is not alienation of affection in any state, so far as I know. Moreover, in Massachusetts, adultery both criminal (yes, it is still a crime!) and is grounds for divorce. There is no reason to give Claire recourse against someone who has reported that she engaged in a crime and a "marital wrong."
I am not in favor of such weaselly conduct by people out to hurt, or gain some kind of satisfaction, or even advantage ("Greg, Mandy is having an affair, date me instead"). However, anyone who chooses to risk their probably deteriorating marriage cannot complain that their indiscretion caused more deterioration.