Legal Question in Civil Litigation in South Carolina

Re: alienation of affection

No. She can't sue you. Va. Code � 8.01-220 abolished such actions. The Va Code section is available online at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-220. Good luck.

Re: alienation of affection

First of all, I doubt that this relates to SC

law. Since you dated him in Virginia, I think

that Virginia law would have to apply even if

she sued you in a S.C. court. Also, it would be

challenging for her to sue you in S.C. because

presumably S.C. would not have jurisdiction over

you (unless you regularly go there, have property

there, or committed some part of the alleged

wrong in S.C.). I suppose she could try to say

that you harmed the S.C. marriage, and thus

caused a harm in S.C., but the actions were still

in Virginia, and since you did not know about

the S.C. marriage, you had no intention of acting

in S.C. SO I think a South Carolina action

would fail for lack of jurisdiction. You would

have to hire a local attorney to make a "special

appearance" in which you do not consent to

jursidcition by showing up, but argue the lack of

jurisdiction.

I can only comment on Virginia law, but I think

that Virginia law applies:

First, the fact that you did not know about

the S.C. marriage would absolutely defeat a

cause of action for alienation of affection. The

essence of alienation of affection is that one

knowingly wins a spouse away from the other

spouse. Unless you knew of the marriage, it

would be impossible for you to have committed

that legal wrong.

Second, the tort of alienation of affection most

definitely existed historically at common law,

but it has been essentially abolished as

obsolete and outdated. As my colleague pointed

out, it has been abolished by statute.