What is the Homewrecker law?

Asked by: Andreane Langworth  |  Last update: May 11, 2025
Score: 4.6/5 (6 votes)

Sometimes, though, an individual state might not follow the pattern of most other states. Such a situation exists in North Carolina's so-called “homewrecker law,” which allows a spouse to sue the illicit lover of his or her spouse for damages.

What states honor the homewrecker law?

Have you ever wanted to sue someone you believe broke up your marriage -- a "homewrecker?" Well, in six states -- Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah -- you can. In those six states, the "Alienation of Affection" claim is an option.

Can I sue the woman who broke up my marriage?

The possibility of suing another woman for destroying a marriage depends on the jurisdiction in which you reside and the laws applicable in that jurisdiction. Some jurisdictions may permit individuals to pursue legal action against a third party for alienation of affection or criminal conversation.

What states allow you to sue for alienation of affection?

Sutton, 422 SE 2d 750 (1992), abolishing the heart balm action for alienation of affection.
  • Hawaii. In Hawaii, the plaintiff has to prove his spouse did not seek the defendant, and has to show a lack of any marital fault.
  • Mississippi. ...
  • New Mexico. ...
  • North Carolina. ...
  • South Dakota. ...
  • Utah.

What is the legal term for cheating on your spouse?

The term adultery refers to sexual acts between a married person and someone who is not that person's spouse. It may arise in a number of contexts. In criminal law, adultery was a criminal offence in many countries in the past, and is still a crime in some countries today.

What is Alienation of Affection? NC's homewrecker law

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In what states is it illegal to cheat on your spouse?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

Can text messages be used in court to prove adultery?

According to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.

Can I sue my ex for cheating?

You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.

Is sexting considered adultery in Florida?

No, sexting is not adultery as defined by criminal laws. Adultery crimes must involve sexual intercourse. However, sexting could be used as evidence in an adultery prosecution or divorce proceedings (if allowed).

How much money can you get for alienation of affection?

Successful Alienation of Affection cases can have a wide range of verdicts – starting from zero dollars to millions. In other words, you may receive a successful verdict but could still be awarded zero dollars.

What are my rights if my husband cheated on me?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

Can I sue my wife for emotional distress?

Emotional distress claims can be made against a spouse if his or her actions (by neglect or intentional infliction) caused severe mental anguish. The criteria for cases involving spouses are the same as other emotional distress lawsuits.

How successful are alienation of affection cases?

The success rate of alienation of affection lawsuits varies widely, largely depending on the jurisdiction and the specific circumstances of each case. Alienation of affection is a somewhat controversial concept in family law, and some jurisdictions do not even recognize it as a valid cause for a lawsuit.

Which state has the toughest divorce laws?

1. Vermont – Vermont comes in as the worst state for divorce because it presents a triple threat of annoyances.

What states have infidelity clause?

Most no-fault divorce states, including California, Nevada, Iowa, and Hawaii, will not enforce an infidelity clause. On the other hand, states allowing for divorce based on adultery – including Pennsylvania and Tennessee – may honor infidelity clauses in divorce cases.

How do I sue a homewrecker?

To win a lawsuit for intentional infliction of emotional distress, you must show that:
  1. the defendant engaged in extreme and outrageous conduct, and.
  2. through that conduct, the defendant intentionally or recklessly caused you severe emotional distress.

Can text messages be used in a divorce?

Text messages and emails have become common and accepted forms of evidence that can be used in your divorce case. How you secure such evidence can be critical in obtaining desired results.

Can you go to jail for cheating on your spouse in Florida?

The next section mentions “open and gross lewdness and lascivious behavior” as reasons someone might be charged with a crime. In cases where the adultery laws are enforced, a married person found guilty of sleeping with someone other than a spouse could face up to 60 days in prison and/or a fine.

Are text messages admissible in court in Florida?

Yes, text messages are admissible in court in Florida. The general rule is that text messages are allowed as evidence. However, to be accepted into evidence, the text message must meet certain requirements and have the proper authentication.

Can I sue the man that slept with my wife?

Criminal conversation is a tort that lets you sue someone who had sex with your spouse during your marriage. To show criminal conversation, you must prove the following elements: You were in a valid marriage with your spouse. The party you are suing (called the “defendant") had sex with your spouse during your marriage.

Can I sue my ex for giving me an STD?

Can You Sue Someone For Giving You An STD in California? Yes. In California, it is against the law for a person to infect a sexual partner with a sexually transmitted disease (STD).

Can I sue my ex for emotional abuse?

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states, you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

Can screenshots of text messages be used in court?

Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.

What proof do you need for cheating?

How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.

Can my spouse get copies of my text messages?

Generally, texts and emails are private. Thus, you don't have a right to look at them without your spouse's consent. Doing so is viewed as an invasion of privacy. It doesn't matter whether you are married, separated or divorced.