State-by-state Divorce Laws and Legislation

State-by-state Divorce Laws and Legislation Relationships Spouses & Partners Marital Problems Print Alienation of Affection State Laws By Sheri Stritof has written about marriage and relationships for 20+ years. She's the co-author of The Everything Great Marriage Book. Learn about our editorial policy Sheri Stritof Updated on June 25, 2019 Larry Dale Gordon/The Image Bank/Getty Images More in Relationships Spouses & Partners Marital Problems LGBTQ Violence and Abuse Alienation of affection lawsuits is when an outsider interferes with a marriage. Defendants in these suits are often an adulterous spouses lover, but family members, counselors, therapists, and religious members who have encouraged a spouse to get a divorce have also been sued for these matters.   Alienation of Affection State Laws These claims are challenging to establish and involve many elements like proof of entailed love, alienation and destruction, malicious conduct, and more. Showing proof of extramarital sex is not required, however. Adultery is also considered a common law is known as criminal conversation.  This is an old expression for sexual intercourse that is often obsolete. Similar to a breach of promise, the  tort involves a broken engagement, alienation of affection, and a deserted spouse. This common law tort is abolished in several jurisdictions. In fact, only a few states in the United States still allow alienation of affection lawsuits. These states include Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. A-L The legislation was enacted to abolish the right to bring an alienation of affection lawsuit in many states like Alabama, California, Florida, and Idaho. Alabama: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Alaska: Neither state law nor case law addresses the issue of alienation of affection in Alaska.Arizona: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Arkansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.California: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Colorado: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Connecticut: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Delaware: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.District of Columbia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Florida: No, legislation was enacted to abolish the right to br ing an alienation of affection lawsuit.Georgia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Hawaii: Yes, alienation of affection lawsuits can still be brought.Idaho: No, alienation of affection lawsuits were abolished through judicial decision.Illinois: Yes, alienation of affection lawsuits can still be brought.Indiana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Iowa: No, alienation of affection lawsuits were abolished through judicial decision.Kansas:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Kentucky: No, alienation of affection lawsuits were abolished through judicial decision.Louisiana: In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished. M-Q In 2003, Missouris highest court abolished the states alienation of affection lawsuit. States like Mississippi, New Mexico, and North Carolina still allow alienation of affection lawsuits to be brought about. Maine:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Maryland:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Massachusetts:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Michigan:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Minnesota:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Mississippi:  Yes, alienation of affection lawsuits can still be brought.Missouri:  No, on June 17, 2003, Missouri’s highest court abolished the state’s alienation of affection law.Montana:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Nebraska:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Nevada:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.New Hampshire:  No. According to Title XLIII,  Chapter 460:2, No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse.New Jersey:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.New Mexico:  Yes, alienation of affection lawsuits can still be brought.New York:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.North Carolina:  Yes, alienation of affection lawsuits can still be brought. Note: As of 10/01/2009, if the extramarital affair started after a married couple is separated, the alienation of affection law cannot be used.  NCGA.state.nc.us -- HB 1110North Dakota:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Ohio:  No, in 1985, alienation of affection suits were abolished by General Laws c. 207, Sect. 47B, inserted by St. 1985, c. 74 Sect. 1.Oklahoma:  No, legislati on was enacted to abolish the right to bring an alienation of affection lawsuit.Oregon:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Pennsylvania:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. R-Z In 1997, Texas enacted the Family Code so that the right to bring an alienation of affection lawsuit was to be abolished. Lawsuits were also abolished through the judicial decision in states like South Carolina and Washington. Rhode Island:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.South Carolina:  No, alienation of affection lawsuits were abolished through judicial decision.South Dakota:  Yes, alienation of affection lawsuits can still be brought.Tennessee:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Texas:  No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit.Utah:  Yes, alienation of affection lawsuits can still be brought.Vermont:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Virginia:  No,  legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Washington:  No, alienation of affection lawsuits were abolished through judicial decision.West Virginia:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.Wisconsin:  No, l egislation was enacted to abolish the right to bring an alienation of affection lawsuit.Wyoming:  No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.