Tag Archives: alienation

Alienation of Affection; Sued for Sex…

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

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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.

Follow the blog: BowTieLawyer    

Visit the website: Thompson Law Firm

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

Criminal Conversation (Just Sex)

Criminal Conversation is likely the most misleading term you will hear or read today.  Criminal conversation, briefly mentioned in this prior blog on Alienation of Affection, is today’s topic.

Criminal Conversation is an act of adultery between a person and the spouse of another.   This tort, meaning a civil wrong, commonly arises in Alienation of Affection situations, but differs greatly from AOA.  Alienation allows a wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage. It requires proof of 3 elements;  1) Wrongful Conduct, 2) loss of affections, and 3) a causal connection.

In Criminal Conversation if you have sex with a married person, who is not your spouse, you are guilty.  There is no defense to the tort of criminal conversation.

Consent of the wife is no defense. The fact that the wrongdoer did not know the wife was married, but believed her to be single is not a defense. The fact that the wife represented herself as single is not a defense. The fact that the wife was the aggressor is not a defense. The fact that she has been neglected or mistreated by her husband is not a defense. The fact that she and her husband were separated through his fault is no defense.

Criminal Conversation has been hailed as “notorious for affording a fertile field for blackmail and extortion” and action may be brought “not for the purpose of preserving the marital relationship, but rather for purely mercenary or vindictive motives.”Kline v. Ansell, 287 Md. 585414 A.2d 929, at 931. (1980). Courts have found that this tort is “incompatible with today’s sense of fairness” because there are no defenses to a cause of action. Id.

Several arguments have been advanced for the abolition of it, including;

  • (1) a woman is no longer the property of her husband;
  • (2) the tort has no deterrent effect;
  • (3) a cause of action may be brought for vindictive purposes;
  • (4) the potential for abuse is great;
  • (5) the tort is devoid of any defenses; and
  • (6) determining damages, meaning money, is difficult. 

So now that you are sweating about this, rest easy.  Criminal Conversation was abolished by the MS Supreme Court in 1992 in the case of Saunders v. Alford, 607 So.2d 1214 (Miss. 1992).  Alienation of Affection, however, is alive and well.

Matthew Thompson is a family law attorney in Mississippi.  If you need to have a conversation with a lawyer about family law you know who to call.

Follow the blog: BowTieLawyer 

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

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Arrested & Divorced; Just Say No!

Everyone knows that Adultery is a fault ground for divorce in Mississippi. Adultery is defined as sexual intercourse with a  person of the opposite sex, not your spouse. It also must be uncondoned, which means legally forgiven by the other spouse, and it cannot have been committed in collusion with the other spouse just to gain a divorce. MCA § 93-5-1.

However, Adultery may also be considered crime!

§ 97-29-1. Adultery and fornication; unlawful cohabitation 

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

So in addition to having a divorce granted against the offending party they could also be arrested and prosecuted and face a $500.00 fine and/or up to 6 months in the county jail. And that may not even be the worst of it with the potential for an Alienation of Affection lawsuit out there. (It’s  actionable to sue someone for the breakdown of your marriage, a blog for another day).

In the words of Nancy Reagan, “Just Say No!”

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