Subscribe"In a divorce action where adultery or deviant sexual conduct is alleged, the pleading must also name the adulterer, or the correspondent. The complaint shall state the name of the person as the correspondent with whom such conduct was committed, if known, and if not known, shall state available information tending to describe the said person, including details of the time, place and circumstances under which acts or series of acts were committed."The idea being, obviously, that making the name of the person who helped facilitate the crime of adultery upon the wronged married person, is itself some kind of censure, but in some jurisdictions, it was once, and may still be, illegal for a person so adjudicated as a correspondent to ever legally marry the person with whom they had been adulterous.
States in which alienation of affection is possibly a viable cause of action:
Hawaii
Illinois
Mississippi
Missouri (appears recently abolished)
New Hampshire
New Mexico
North Carolina
South Dakota
Utah
[To succeed on an alienation claim, the plaintiff often must show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is often not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts that likely would impact the marriage.] (cite)
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posted by lekvar at 2:00 AM on July 4, 2006