Marital Torts

A marital tort is any wrongful act that creates a basis for liability against a defendant, with the most common torts being alienation of affection and criminal conversation, which are both recognized as civil actions. One may file a third party claim against an alleged paramour if it is believed that they are the cause of separation. One party must prove existence of a happy marriage, that the marriage has been destroyed or damaged by the paramour, and that the damage or destruction of marriage was done by malicious interference of the paramour, in order to establish liability in an alienation of affection suit. For one to establish liability for criminal conversation, one party must prove that the other was engaged in sexual intercourse with the paramour during the course of marriage and prior to separation.

It is possible to be awarded damages in both claims of alienation of affection and criminal conversation.  This can include testing for sexually transmitted diseases and psychological or psychiatric treatments.