My wife cheated on me and I want to sue her and her new boyfriend for alienation of affections. How do I proceed?
An alienation of affection claim is a lawsuit where a spouse sues a third party who is allegedly responsible for the destruction of the marriage. There are three elements that a plaintiff must prove:
1) The marriage entailed love between the spouses in some degree;
2) The spousal love was alienated and destroyed; and
3) Defendant’s willful and malicious conduct contributed to or caused the loss of affection.
However, New Hampshire no longer allows actions for alienation of affection pursuant to NH RSA 460:2 which reads: “No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse.” The only states to still allow alienation of affection law suits are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.
Although New Hampshire does not recognize alienation of affection as a cause of action, New Hampshire is a state that allows fault grounds, such as adultery, in a divorce. Read more here about fault grounds.
Crusco Law Office Law Clerk Marisa L. Ulloa contributed to this post.