Only seven states remain in which a spouse can sue a third party for “willful and malicious interference” in a marriage. These laws are called alienation of affection and allow for either a wife or husband to sue a mistress in Hawaii, Illinois, Mississippi, New Hampshire, North Carolina, New Mexico, South Dakota, and Utah.
It is also possible for a wife or husband not residing in one of the aforementioned states to sue if the mistress lives in one of the “alienation of affection states,” or if any of the actions or behavior occurred in one of the 7 states.
PINewswire.net says, “An alienation of affection lawsuit is not limited to a physical infidelity or sexual affairs. It can also apply to emotional infidelity, or cyber affairs. (also known as internet affairs or online affairs).”
Cynthia Shackelford recently won a $9 Million lawsuit against the mistress of her husband in a North Carolina court. Ms. Shackelford stated afterward about the mistress, “She is the one that came in between us as far as her luring ways. She alienated him from me.”
While some attorneys view the law as archaic and the recent trend has been towards removing the law from the books, it is still possible in some situations to bring a law suit against a mistress.