Affection Alienation in Arizona: Rights and Legal Remedies
When people get married, they expect the union to last forever. Unfortunately, that is not always the case. If the marriage failed due to the actions of a third party, you could sue them through a legal principle known as alienation of affection. However, only a few states recognize such legal principles.
Understanding Alienation of Affection
An alienation of affection is a lawsuit brought by a deserted spouse who claims that a third party’s actions caused the failure of their marriage. In other words, if you are married and another person interferes with your marriage and causes your spouse to lose affection for you, you may have legal grounds for an alienation of affection case.
Such cases are typically filed after a divorce, but there is no restriction on when to file a lawsuit. The alienation of affection is also referred to as a “homewrecker” lawsuit.
Historical Context and Current Legal Stance In Arizona
There are only a few states that recognize Alienation of Affection. Arizona no longer recognizes alienation of affection. Arizona laws regarding affection alienation were abolished in 1983 by the state’s Supreme Court in the case of Rarick v. Kidd, citing alienation of affection laws were not relevant to modern legal principles.
The objective of the alienation of affection law was to promote the sanctity of marriage. However, many states moved away from this law, as they felt it was outdated and often resulted in undue blame on third parties. As Alienation of affection cases in Arizona are no longer legally applicable, you may want to consider other legal routes for your case.
Proving Alienation of Affection in Court
Alienation of affection cases typically has several legal requirements. The first step for the plaintiff is to prove that the marriage has a reasonable level of underlying affection. They don’t have to prove the marriage was perfect, but they must show they had a loving bond with their spouse before the alleged interference by the third party.
After the underlying affection between the spouses has been proven, the plaintiff must demonstrate the love and affection in the marriage was destroyed. If you got divorced, then that could be used as evidence to show that the marriage failed.
Finally, the most vital step of the process is to show that the defendant directly causes the alienation of affection, which can often be difficult to prove. You would have to provide evidence, such as messages or emails, to prove the third-party involvement.
Alternatives to Alienation of Affection in Arizona
The alienation of affection laws have been abolished in Arizona. However, there are a few alternative legal routes. You can file a civil lawsuit against the third parties using legal principles of intentional infliction of emotional distress or tortious interference with marital relations.
If your spouse has been unfaithful, you can seek a divorce based on irreconcilable differences. You can also choose to contest the division of marital assets, such as property division for compensation for your losses. You can also seek spousal support, child custody, child support, and several other types of compensation for your suffering with the help of our divorce lawyer.
Get Expert Legal Guidance for Marital Issues in Arizona
If you think your marriage failed due to interference by a third party, there are no alienation of affection laws in Arizona, but there are other legal avenues that you can explore. Contact us at the Law Offices of Cosmas Onyia to consult with one of our family law attorneys who can handle your case and guide you on the best legal course of action.
