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  1. #1

    Default Can a Resident of a Different State Sue in Mississippi for Alienation of Affection

    My question involves a marriage /divorce in the state of: Florida.

    Divorcing wife in Florida. She has an affair (unknown sexual) but lots of phone calls & texts logged to the other guy in Mississippi. She acknowledges him as her boyfriend.

    Can I bring an Alienation of Affection suit against the guy in Mississippi if I live / getting divorced in Florida? (In Mississippi)

    Thanks in advance.

  2. #2
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    Default Re: Married and Live in Florida - Wife Seeing Man in Mississippi=alienation of Affect

    AoA is not recognized in Florida, but is in Mississippi.

    But you really have to weigh this very carefully. What is it you hope to gain?

  3. #3

    Default Re: Married and Live in Florida - Wife Seeing Man in Mississippi=alienation of Affect

    I know. But can the guy in Mississippi be sued (in Mississippi, by me)? All texts/emails to my wife in Florida came from Mississippi.

    Recoup heavily contested divorce lawyers fees.

  4. #4
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    Default Re: Married and Live in Florida - Wife Seeing Man in Mississippi=alienation of Affect

    There is authority that indicates that you can bring a lawsuit for alienation of affection in Mississippi as long as the tort is committed at least in part in that state. See, e.g., Knight v. Woodfield, 50 S.3d 995 (Miss. 2011). There's a question of whether a Mississippi court would apply that precedent to a marriage that existed entirely outside of the state. Discuss the matter with a Mississippi lawyer, and be careful that you don't simply end up racking up additional legal fees.

  5. #5

    Default Re: Married and Live in Florida - Wife Seeing Man in Mississippi=alienation of Affect

    I don't understand. Are you saying it is, or is not likely, I can initiate a tort lawsuit in Mississippi if the subject of the lawsuit lives in Mississippi and I / the wife do not?

    Per Knight v. Woodfield, A. Mississippi's Long-Arm Statute:

    ¶ 13. Mississippi's long-arm statute states, in relevant part:

    Any nonresident person . . . who shall commit a tort in whole or in part in this state against a resident or nonresident of this state . . . shall by such act or acts be deemed to be doing business in Mississippi and shall thereby be subjected to the jurisdiction of the courts of this state.

    So it looks like I can file, living in Florida, in Mississippi, and hold the Mississippi resident to task?

    Thanks in advance.

    - - - Updated - - -

    Sorry, retardation kicked in & I didn't read the post accurately. "There is authority that indicates that you can bring a lawsuit for alienation of affection in..."

    Cheers & thanks.

  6. #6
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    Default Re: Married and Live in Florida - Wife Seeing Man in Mississippi=alienation of Affect

    The situation in the Knight case is the opposite of yours. In the Knight case, the defendant was located outside the state and the plaintiff wanted to sue the defendant, a Louisiana resident, in Mississippi. There, the main issue was whether the out-of-state defendant was subject to personal jurisdiction in the state for the alienation of affection lawsuit. The court said that there was jurisdiction and the lawsuit could proceed.

    In your situation, the plaintiff (you) is the out-of-state party wanting to sue a defendant in Mississippi. Here, there is no question that the defendant is subject to personal jurisdiction in Mississippi because he is a resident of that state. So, you certainly may sue him. The issue here is whether you could win. Mr. Knowitall pointed out that one of the other things to come out of the Knight case was that the court said that an alienation of affection lawsuit can succeed if you can show that the defendant committed some part of the tort in Mississippi. The texts and e-mails he sent her originated in Mississippi, so if you can show that the texts and e-mails were part of the alienation of affection, you may succeed.

    However, there is an issue here that the Knight case was not called upon to decide: whether Mississippi should render a judgment in an alienation of affection case when the married couple involved were outside the state and their state does not provide such a remedy. If you sue and the defendant raises that isssue, you’ll have to be prepared to argue it.

    There is also the issue of damages. Even if you win, it’s possible that court won’t give you a lot of damages for this.

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