Sick of Alienation of Affection Lawsuits?
I'm sick of alienation of affection lawsuits. Who's with me?
I'm sick of this one, which ironically was filed by a former Miss. Supreme Court Justice (McRae) who advocated abolishing the cause of action while he was on the Court. I'm sick of this one, which is just getting started. I'm sick of the one involving my old law firm that recently was the subject of a Supreme Court decision. I'm sick of the entire cause of action.
Here are just a few of the problems that I have with the cause of action:
- fault—in an alienation of affections lawsuit, fault is placed on the third-person involved in the affair instead of the cheating spouse. But it was the cheating spouse who broke a vow.
- causation—who can really say that the “alienation of affection” is what caused the marriage's demise? Anyone who has ever been married knows that marriages are extremely complicated.
- damages—as pointed out by Justice Dickinson in a concurring opinion in Fitch v. Valentine, there are no standards for compensating the plaintiff.
- quasi-extortion—there is a quasi-extortion element to the cause of action. I've heard that many alienation of affection claims settle before suit is filed in order to keep the allegations out of the public record. Once suit is actually filed, the case is likely to go to trial because the plaintiff has shot his/ her biggest bullet. Compare that to the rest of the civil justice system where cases are rarely settled before suit is filed, but most do settle after suit is filed.
- resolution—I do not believe that an alienation of affection case promotes the orderly resolution of the acrimony between the individuals involved. In fact, I think that it does the opposite.
- 42 states do not recognize the cause of action. That fact standing alone does not make the action bad, but it does suggest problems.
- the danger of entrapment—an enterprising couple who are grifters could set up an alienation of affection lawsuit and then share in the proceeds. A new couple moves to town. The wife is seen around town flirting with doctors and other wealthy men. This leads to a notorious affair followed by an alienation of affection lawsuit by the woman's husband. In the lawsuit, the woman testifies that the affair did alienate her affection from her husband and destroyed their marriage. After a big settlement the couple then moves to North Carolina or another state that recognizes the action and starts the whole scam over. This is not that far-fetched to me. In fact, I would be surprised if there has never been collusion in an alienation of affection lawsuit.
In summary, it's a bad cause of action that should be abolished.
What is most absurd is that you can often recover more money for your spouse sleeping around on you than you can for a serious injury or death caused by medical negligence.
You mean with ALL THE IMPORTANT things that courts have to litigate these days, time is wasted with crap like this?!?!?
There oughta be a law!!
Well I think it should be a law everywhere. I am tired of women that sleep with married men, and yes they are both at fault, but where is that womens morals for other women? I think these kind of women should have concequences. Also there should be more laws for cheating mates. This is not what our world is suppose to be like. Always looking over our bakes because of women like that!
I am commenting on your "im sick of" term. I am sick of people knowingly intruding on another persons marraige. I am not easing the blame on the spouse but if the other party is well aware of the marital status back off on taking part in destroying th vows. If the spouse is not happy he should have left not had an affair both parties are guilty and should have to pay or do jail time and maybe divorce rate would go down!!!!!!!!!!!!!!!!