Legal Action Against the Third Party

In at least 7 states in America, deserted spouses can still sue a third party deemed responsible for the breakdown of their marriage for alienation of affection. First codified as a tort, it has since been abolished in most states for being archaic and revengeful. The remaining states which allow it as a valid course of action in infidelity cases are Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota and Utah.

Usual defendants for cases of this particular nature are the lovers of adulterous spouses although there have been cases that people identified to have advised the cheating spouse to seek divorce have also been cited as defendants. For a complaint for alienation of affection to prosper, it is not necessary to show proof of extramarital sex or to prove that the third party purposely set out to come between the spouses. It has to be established however, that the defendant intentionally engaged in acts which affected the marriage as to cause separation or desertion.

There must be existing elements that should also be established. These include the existence of love between spouses and that such love was alienated and destroyed by the defendant's malicious acts that eventually led to the loss of affection between married spouses. The consent of the cheating spouse nor previously existing marital troubles are not considered acceptable defenses. The defendant can claim though that he/she is not the aggressive seducer in the relationship that developed.

Many cheated spouses have apparently used this option to take revenge on the person they considered the cause of their failed marriage. Some have even gained considerable financial advantage especially in cases where the defendant is well-off. Those who intend to sue for alienation of affection should be reminded that the complaint cannot apply to situations where the supposed acts of the defendant happened more than 3 years prior to filing of the case. It likewise does not apply for acts done during the time spouses have already been living separately where the intention to make it permanent is quite clear.

A case of alienation of affection can be very difficult to establish. Cheated spouses are generally encouraged to move on and engage in more constructive action. Some people though have a hard time moving on without equalizing the situation, thus the thirst for revenge. If revenge is to be sought, cheated spouses just have to make sure that they will not commit acts that they will eventually regret.