Alienation of Affection
Evolving out of the need to address extremely sensitive, personal matters from a removed and objective standpoint, family law repeatedly proves to be one of the most surprisingly complex areas of legal practice.
Unlike the more obvious concerns for public welfare that criminal and some points of civil law encompass, this field touches on the deeply private emotional facets that define our meaningful relationships with others. While perhaps a “bigger deal” from a social standpoint, condemning a murderer’s actions as wrong is also a much more straightforward judgment than determining which parent can best provide love and support for a child.
For this reason, guiding ideas of family law also tend to be more subject to major shifts in cultural values and understanding. Alienation of Affection, a type of legal action involving a third party’s malicious, intentional interference with a marriage, offers a clear example.
Historically, if one spouse discovered that his or her partner had been cheating with another person for an extended period, the “injured” party might actually choose to bring a lawsuit against the outside party under the provisions of Alienation of Affection.
Over the years, however, many states have come reject this approach to such a situation as irrelevant in a modern context of increasing rates of divorce and adultery.
In fact, the only regions in which the notion of alienation of affection applies today are:
- Hawaii
- Illinois
- Mississippi
- New Hampshire
- New Mexico
- North Carolina
- South Dakota
- Utah
Contact Us
While alienation of affection may be a thing of the past in California, family law in the state still entails a number of exceptional cases. For more information on what to do if you or someone you know is facing a divorce or similar situation, contact the experienced team of San Jose family lawyers at the offices of Daniel Jensen, S.C. today by calling 408-296-4100.
