I heard this on the radio this morning, I don't know the exact details but the reporter said if someone steals your spouse, you can sue the other person. It's an update from a century old law that was stated in male terms, only the husband could sue.<p>I wonder what sort of proof for the A would be required? And, not that laws stop all bad behavior, but...I suspect there are some OP who will be surprised that they've done something "wrong".

I have heard about this law. There was a man about 2 years ago that was awarded a large settlement. It interested me because we lived in SD when the A started. We have since moved away to get away from the OW.<p>It would be tempting to move back just to file legal action.<p>That's not nice is it?? I just go through times when I'd love to cause a little pain to the OW!!<p>Fortunately, my WH has been home and absolutely wonderful for over 2 months! It's like a dream!<p>Le

How does one "steal" another human being? Assuming kidnapping is not involved?<p>But I can see some grounds for aleination of affection type recourse, especially if predatory intent can be established, or pursuit after no contact.....<p>
but what happens when both ws are married, is it a wash then? No one can win anything, cause both bs have equal claim?

Hi Lor!<p>We have a similar law in North Carolina, and have had several high profile cases in the past few years. In fact, there is one going on now that is really lighting up the newspapers!<p>If both cheaters are married, their betrayed spouses can both sue the OP in each marriage. I don't think it is something I would ever do, but I like knowing that I COULD if I wanted to!<p>Peppermint

I've been thinking about this kind of law for quite a while. I think the major problem is that you generally can't sue the OP unless their affair causes your marriage to end in divorce.<p>So....I've been thinking that it would be better if there was an "Interference in a Marriage" law, specifically stating that such interference would consist of a dating relationship or sexual contact with someone married to another person. If an OP knew he/she could be sued for having an affair while the affair is in progress, maybe he/she might think twice about it. There should be a provision, though, that if the OP is married, the assets/wages of his/her spouse cannot be attached in the case of the suit, and that the OP's assets cannot be transferred to the spouse within a certain period prior to the suit (to avoid evading financial responsibility). Probably, there should be a limitation to the liability, so as not to cause undue hardship to the BS and children of the marriage.<p>I don't know about the constitutionality of my idea, but it's something I've thought about.<p>BTW, my state still has laws against adultery. The crime of adultery is punishable by, I think, a fine of $500 and/or 6 months in jail.
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"SIOUX FALLS (AP) - A federal jury here found a Las Vegas doctor civilly liable for seducing a Sioux Falls man's wife and awarded the husband $950,000.<p>
The case was brought to court under a seldom-used law - alienation of affection - found in South Dakota and eight other states.<p>
Richard M. Jones sued Dr. Todd Swanson in federal court for alienating the affections of his wife, Donna Jones.<p>
The jury deliberated for 31/2 hours Friday before awarding Jones $450,000 in damages and $500,000 in punitive damages.<p>
According to court documents, Donna Jones and Swanson dated in 1977 and 1978. She married Richard Jones in 1981.<p>
In late 1998, Donna Jones and Swanson began seeing each other again and took trips together, according to court papers. Donna Jones was served divorce papers in August 2000. She and Richard Jones are divorced.<p>
The South Dakota House recently passed legislation that would allow wives to sue women who seduce their husbands. In doing so, lawmakers rejected an attempt to repeal the alienation-of-affection law that now applies only to men." <p>There was quite a bit more to it....just can't remember all the details.

MF--you moved away for no contact...and all you had to do was sue. Hmm, would court appearances count as "contact"?<p>snl--"steal" was the word the reporter/dj? used, I doubt that is the legal, technical wording of the law. A marriage with both partner being BS/WS and suing both OP...at first I was going to accuse you of playing devil's advocate, because in my opinion/experience, by the time the BS becomes the WS there would be little motivation to sue, but, everyday here on MB we see unforeseen/peculiar things happen so it could happen, but I'd think the 2nd BS filing would go for more $$, so it wouldn't be a wash, and likely one or both of the OP would dump one of the WS because of either going through the suit or having to pay...JMHO.<p>But, it would perhaps be yet another good reason for the BS not to start dating, until they had checked with a lawyer to see if they had a case for alienation, or so that the new OP wouldn't be sued.<p>Peppermint--HI [img]images/icons/smile.gif" border="0[/img] . I was suprised this law would be updated rather than taken off the books. SD is a no-fault, 60 day divorce state, with the only stipulation being couples with children must take a court-ordered parenting course before the final divorce proceedings.<p>Lady--HI [img]images/icons/smile.gif" border="0[/img] to you as well. You bring some interesting points. As for the law against adultery, would that be for both the WS & OP or only the WS?<p>FH--thanks for looking that up. That suit wasn't exactly for small change....

Intersting topic [img]images/icons/smile.gif" border="0[/img] <p>I found a few links on the subject:<p>http://www.equityfeminism.com/discussion/fullthread$msgnum=579<p>http://www.rosen.com/alien.asp?ID=37<p>http://divorcesupport.about.com/library/weekly/aa081397.htm<p>Very interesting stuff. Makes me wish I lived in one of those states! [img]images/icons/grin.gif" border="0[/img] <p>I am off to see if this is a law in Indiana. I know it is in Illinois.

It seems only nine states still allow for such suits. [img]images/icons/frown.gif" border="0[/img] Mine is not one of them.<p>Best of luck to those of you that live in one of those nine states! [img]images/icons/grin.gif" border="0[/img]

From Canadian Law.... The Canadian Law Dictonary:
"Alienation of Affection: A tort (civil procedure of law)that establishes a cause of action for one spouse to sue a third party for damages for misconduct that enticed away the marital partner and in that way alienated the affections of the one spouse for the other. The interference or enticement may be (but not necessarily) adultery...."
notice the wording spouse covers male and female [img]images/icons/grin.gif" border="0[/img] so I guess frozen north has some smarts. Also in Ontario (where I live) the three grounds for divorce are one of a) adultery, b) mental or physical cruelty, and c) separation (physical or emotional) for a period of one year. I am taking family law this semester, and it is opening my eyes to a lot of things [img]images/icons/rolleyes.gif" border="0[/img] ...such as 5 years of back child support?????? [img]images/icons/grin.gif" border="0[/img]

<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by FinallyHappy:
<strong>
Richard M. Jones sued Dr. Todd Swanson in federal court for alienating the affections of his wife, Donna Jones.
</strong><hr></blockquote><p>OMG!!!! I've worked with this guy!!!! (the doctor) I never heard of this. Is this recent?<p>A while back, someone posted on the Infidelity Network boards that she had settled an AoA suit against the OW. I think it was in one of the Carolinas. The OW's attorney proposed a settlement where the OW paid a certain percentage of her wages for a certain period of time to the BS and she had to answer specific questions that the BS had and provide letters of apology to the BS and the BS's children. I thought it was so cool.<p>If you can only do this in certain states, then why was the Sioux Falls case filed in federal court? Was it because Dr. Swanson lives in Nevada, which does not allow AoA lawsuits? Did some of the alienation have to take place in South Dakota for Richard Jones to be allowed to file the suit?

I do it in a heartbeat if it was legal in TX & the STBX knows it to. Just to have the OW name in court would be worth it, or if they just let me put her photo on billboards with the appropriate word (You pick whatever you think fits) all over THE WOODLANDS, TX would be enough for me. [img]images/icons/grin.gif" border="0[/img]

Hmmmm!!!<p>I am in SD and finnally got an appointment today with a lawyer....will have to look into this law a little bit more.....if nothing else it would be fun to scare her a little bit.<p>I've had 3 none messages left on my phone this week, just hello or bueno, don't have caller ID so am not sure who it might be!!!<p>Thanks for the info Lor, sorry that last Sat. didn't work out, I will pop in at tsometime though!!! Dawn [img]images/icons/smile.gif" border="0[/img]

Just pondering the word "ALIEN~ation" ......<p>LOL