So, Sandra Bullock is getting a divorce from Jesse James.
Why are we not surprised? And what does this have to do with New York personal injury attorneys or tort law, for that matter?
The act of infidelity leads to tort claims in some states. The tort action is called "alienation of affection." Or course such a law, if it was still applicable in New York, would have wreaked havoc on New York injury lawyers.
Or it would have given them their bread and butter for life.
Alienation of affection is an obsolete law in New York and has been abolished; although it is a recognizable action in a few other states. The doctrine is defined as:
The removal of love, companionship, or aid of an individual's spouse.
Where the law is still in effect, the law also includes the infliction of mental distress, reputational damage, public embarrassment, and financial losses due to the dissolution of the marriage.
Ironically the alienation of affection laws started in New York in 1864, where New York law established a cause of action for men to seek revenge via legal proceeding, if another man "stole" the affections of his wife. This was predicated largely in the notion that the wife was the property of her husband. The law eventually went on to equalize the remedies for men and women, before being abolished in most states. While the law can be used against the "other person," it could also be used against meddlesome in-laws as well. New York state did abolish the law, but it kept some related laws on the books.
Ironically, adultery is still a crime in New York state.
In Sandra Bullock's divorce case, she certainly has her choice of hypothetical defendants in an alienation of affection claim. The same could possibly be said for Elin Nordegren, the wife of Tiger Woods. And technically, if both women lived in New York, their husbands may have committed misdemeanors, as well.
Hypothetically speaking, of course.
Related Resources
- Alienation of Affection (LawBrain)
- Crime of Adultery (NY Penal Code: FindLaw Codes)
- Find New York Injury Lawyers (FindLaw)
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