Legal Question in Civil Litigation in Pennsylvania
Affection Alienation
I heard in the past that a 3rd party could be sued in civil court for their interference in a marital relationship. Is this at all true? I'm asking because over the past 1.5 years, my husband had a relationship with the (unmarried) woman next door. They would phone each other, and meet for coffee when Stephen should have been spending time at planned family function. The entire relationship was entirely unbeknowst to me until one day recently. I confronted my husband about it, and we're doing counseling to make amends. But it came to light that her conversations with him exacerbated an already-strained relationship, and because of her ''support and encouragement'', he withdrew entirely from our family over the course of a year. Not only did he refuse to socialize with me and our kids, he did not vacation with us, and his free time (as I now know) was spent meeting with her and chatting on his cell phone with her. Additionally, during those times when he was at home with us, he made our lives miserable -- yelling at the kids, arguing with me about everything, etc. Since my husband came to his senses, he has done an about-face, but I, nonetheless, feel she should be punished for her intrusion. Is that possible?
2 Answers from Attorneys
Re: Affection Alienation
It was true in the past, quite a long time ago. But not any more. Such lawsuits were subject to abuse, and laws were passed to prevent the so-called "heartbalm" suits, in the early part of last century.
Re: Affection Alienation
No. "In 1976, our supreme court abolished, by court decision, the cause of action for criminal conversation. Fadgen v. Lenkner, 469 Pa. 272, 365 A.2d 147 (1976). . . . In 1990, the legislature reenacted a long standing act which had abolished actions for alienation of affections in Pennsylvania. 23 Pa. C.S.A. � 1901 (reenacting Act of June 22, 1935 P.L. 450)." Atkinson v. Evans, 787 A.2d 1033, 1035 (Pa. Super. 2001), aff'd mem. 571 Pa. 609, 813 A.2d 643
(Pa. 2002).
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