Tag Archives: alienation of affection

Divorce

TikTok, Alienation is on the Clock = $1.75 Million Dollar Judgment

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In what can only occur in our modern, social media-driven times, a North Carolina woman is found liable for breaking up a marriage and ordered to pay $1.75 million dollars to the wronged spouse. And her own TikTok videos were exhibits!!

https://www.yahoo.com/entertainment/celebrity/articles/tiktok-star-accused-stealing-woman-232505117.html

Alienation of Affection allows the wronged spouse in a marriage to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but North Carolina and Mississippi are amongst them, and as recently as the 1990’s our Courts have refused to abolish this tort, reaffirming its place in the Mississippi legal system.

So what is AOA?

The elements are;

1) Wrongful Conduct (ie: adultery, though not required),

2) loss of affections, and

3) a causal connection.  

All 3 must be present for a viable claim.  There is a 3-year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

One of the issues that made this case especially egregious is that a tiktok video indicated that Brenay Kennard bought a pregnancy test after saying “I am getting down and dirty in the sheets.” At trial Kennard denied being sexually active at that time.

Another video featured Kennard saying, “I make her very uncomfortable.” Kennard admitted “her” referred to Akira Montague (the wife), but said “uncomfortable” could mean many things. She again denied being sexually active with Timothy Montague while he and Akira were together.

The jury did not buy it.

*As an aside, North Carolina has AOA and a separate tort called “criminal conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections or a causal connection or even a real relationship.

Thirteen years ago I typed these prophetic words, “So what is the take away here?  Just because you are not married does not mean you have no culpability in an affair.  You will  be a necessary witness in the divorce case and stand a chance of getting sued yourself for AOA.  And if you go to North Carolina, you better behave.“

$1.75 million dollars later and the above words are still true today!!

Matthew Thompson is a family law attorney in Mississippi and reminds you Alienation of Affection is alive and well and can make you pay!!

alienation, Divorce, General Legal, Opinion

R. Kelly; Singing the Blues?

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Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

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Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize Alienation, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.”  That is a hard figure to quantify.

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alienation, Crime, Divorce

Alienation of Affection; Sued for Sex…

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Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

Alienation of Affection (AOA) is a separate claim, known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you are free to have an affair.  You will  be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued.  And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

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You may also contact Matthew with your family law case at (601) 850-8000 or Matthew@bowtielawyer.ms