Legal Question in Family Law in Minnesota

Re: alienation of affection suit

South Dakota recognizes a cause of action for alienation of affection, Minnesota does not. You could not sue the "friend" in Minnesota state court. Moreover, if the "friend" lives in South Dakota, you could not sue the friend in Minnesota anyway, since Minnesota would lake personal jurisdiction over the friend.

Any action against the friend would have to be brought in South Dakota, where the friend, the presumed defendant, lives. It is also possible the cause of action could be brought in Federal District Court, based perhaps on something called "diversity jurisdiction," although more facts are required to evaluate the matter. I would recommend consulting an South Dakota lawyer about the matter.

I am aware of one relatively recent case on the issue that arose out of South Dakota, Jones v. Swanson. That was a federal court case and resulted in a judgment against the person who "alienated" the affections of the wife.

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