Heart Balm Statutes - laws in nine states that allow for the recovery of some or all of the following causes of action: alienation of affection, criminal conversion, break of promise to marry and seduction. Application in Divorce Heart balm actions make for very nasty court cases, and only nine states -- Illinois, Hawaii, Mississippi, Missouri, New Hampshire, New Mexico, North Carolina, South Dakota and Utah -- still permit them. Such actions require the naming of a co-respondent, who generally becomes a defendant in the divorce. Generally held to be remnants of an earlier time, tort ( TRUST ) actions based on the idea of home wrecking, as it is nostalgically called, require that the plaintiff prove the co-respondent’s wrongful conduct; that the plaintiff lost the affection of his or her spouse as a result; and that a causal connection exists between the defendant’s conduct and the plaintiff’s loss. This must be done to the standard of preponderance of evidence.
Posted on: Tue, 06 May 2014 02:03:19 +0000
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