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Alienation of Affection Attorney in Madison, MS
We Handle Alienation of Affection Claims in Madison County, Mississippi
At Hancock Law Firm, PLLC, our Madison, MS alienation of affection attorneys have the professional skills and legal knowledge that you can rely on. Our firm is committed to protecting the rights and interests of our clients. If you have any questions about the alienation of affection laws in Mississippi, we are more than prepared to help. To set up a confidential case evaluation with a Madison alienation of affection lawyer, please contact us today.
Alienation of Affection: What You Need to Know
Similar to all jurisdictions across the country, Mississippi is a no-fault divorce state. Generally speaking, fault is not an issue in most divorce cases in Madison County. You can get divorced without proving that your spouse did anything wrong. Irreconcilable differences are sufficient.
Of course, there are certainly cases in which a divorce or separation happens primarily because of the wrongful actions of one or more parties.
In Mississippi, a person who interferes with the marriage of another may be sued on the grounds of alienation of affection. Alienation of affection is a “common law tort.” It occurs when a third party wrongfully interferes with and causes damage to a marriage—usually through adulterous behavior. In the vast majority of American states, alienation of affection has been abolished as a legal claim. However, Mississippi remains an exception. The state still allows for alienation of affection claims.
What to Know About the Alienation of Affections Laws in Mississippi
Although Mississippi still allows parties to file an alienation of affection claim as a common law tort, it is not easy to prevail in these cases. There are specific things that you need to prove in order to bring a successful claim. In the case of Fitch v. Valentine, the Mississippi Supreme Court articulates the standard for alienation of affection claims. To file a successful alienation of affection lawsuit in Madison County, MS, a plaintiff must prove the following three things:
- The defendant acted in a wrongful manner;
- The plaintiff suffered loss of love/affection; and
- The defendant’s wrongful behavior was the proximate cause of the loss of affection.
Without proving all three elements, there is no alienation of affection for the purposes of Mississippi state law. Notably, there are a number of different defenses that can be raised in these cases. For example, a defendant could argue that they did not know about the marriage—therefore their conduct was not wrongful even if an affair occurred. Alternatively, they could argue that the marriage was already beyond repair before an affair took place. If this is established, it undermines the “proximate cause” required to bring a successful alienation of affection claim in Mississippi.
Legal Tip: An affair or an adulterous act is not technically required to prove alienation of affection in Mississippi. The common law tort of alienation of affection could occur in other circumstances as well. That being said, it is generally far easier to prove alienation if an affair occurred and the plaintiff can provide evidence that it was the defendant (and not their spouse) that initiated the affair.
How the Madison Alienation of Affection Lawyers at Hancock Law Firm Can Help
Intentional alienation of affection claims are complicated. At Hancock Law Firm, PLLC, we are here to help you navigate all aspects of the legal process. When you reach out to our Mississippi law firm, you will be able to consult with a Madison family lawyer who is prepared to:
- Listen to your story and review your case;
- Answer questions about the Mississippi alienation of affection laws;
- Gather the evidence and information to support your case; and
- Take all necessary steps to protect your legal rights.
We are committed to providing personalized guidance and advice to our clients. As alienation of affection cases are highly fact-intensive, it is essential that you are represented by a Madison, MS family lawyer who will put time and legal resources into getting you the best outcome.
Get Help From an Alienation of Affection Lawyer in Mississippi
At Hancock Law Firm, PLLC, our Mississippi family law attorneys have the skills, experience, and specialized legal knowledge to handle complex alienation of affection claims. Do you have questions about the alienation of affection laws? We are here to get you answers. Give us a call now or connect with us online to arrange your fully confidential initial case evaluation. We represent clients in Madison and throughout all of Madison County, including in Ridgeland and Canton.
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