Ruined Wedding: Can I Sue For Compensation?

While it is not possible to sue someone for ruining a wedding, it may be possible to sue for ruining a marriage. This is an uncommon scenario, and an overwhelming majority of states have abolished these types of heart balm lawsuits. However, as of 2022, six states still allow alienation of affection lawsuits: Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. Alienation of affection comes from an old English law when women were considered property, and a man could sue another man for stealing his wife. The law has evolved to allow women to sue as well. To prove alienation of affection, three elements must be satisfied: the married spouses loved each other to some degree, the love was alienated, and the third party's conduct caused the marriage to experience a loss of affection.

Can I sue someone for criminal conversation?

Depending on where you live, you might be able to file a lawsuit for "criminal conversation". This is a civil lawsuit, not a criminal case, despite its name. Many states' courts have held that criminal conversation is the same as adultery, so if you cannot sue for adultery in the state, you are also barred from suing for criminal conversation.

As of 2022, only Hawaii, Kansas, Maine, North Carolina, and Montana allow lawsuits for criminal conversation. However, in most of these states, no court has published a decision on the issue of criminal conversation in many years. Given the nationwide trend to eliminate these types of lawsuits, it is very likely that any court in those states would rule against a plaintiff seeking damages.

In general, to prove criminal conversation, you must show the following:

• You are legally married to your spouse.
• Your spouse and the defendant engaged in a sexual act (you cannot sue a business).
• The sexual act occurred during the marriage, not after separation.
• The adulterous act took place within the state's statute of limitations—for example, in North Carolina, the lawsuit must be filed no more than three years from the last act of adultery.

It is important to note that even in states where such lawsuits are allowed, they are often looked upon with disfavor by the courts, and it is very difficult to win a case like this.

Can I sue someone for alienation of affection?

Alienation of affection is a civil wrong, or a tort, which allows someone who is married or formerly married to sue a third party for interfering with their marital relationship. This type of lawsuit is rare and is currently only recognised in six states: Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

To bring an alienation of affection lawsuit, the plaintiff must prove that:

• Their marriage was happy and underpinned by love and affection.
• The love and affection in the marriage was destroyed.
• The defendant's actions directly caused the destruction of love and affection in the marriage.
• The defendant's behaviour would obviously lead a reasonable person to believe that it would lead to the end of the marriage.

It is important to note that alienation of affection does not require proof of an affair. Attempting to lure someone into an affair qualifies as a 'wrongful act'. However, it must be proven that the defendant acted intentionally to interfere with the marriage, and that they did not inadvertently cause the destruction of affection.

Alienation of affection lawsuits can be difficult to establish, as they comprise several elements and there are several defences available to the defendant. For example, it may be a defence that the defendant was not aware that the spouse was married, or that the spouse aggressively seduced the defendant.

If you are considering an alienation of affection lawsuit, it is important to consult with a local attorney familiar with the specific rules in your state.

What is alienation of affection?

Alienation of affection is a civil wrong, or a tort, that allows someone who is married or was formerly married to sue a third party for interfering with their marital relationship. This is typically filed after a divorce but can be brought in any situation where a third party is believed to have caused a marital relationship to go wrong.

Alienation of affection claims are usually brought against a person who has had an affair with the spouse, but there are other grounds for a claim as well. For example, if a spouse's mother constantly criticises their spouse and encourages her child to divorce them, this could be a ground for an alienation of affection claim.

To succeed in an alienation claim, the plaintiff must show that:

• Their marriage entailed love between the spouses to some degree
• The spousal love was alienated
• The defendant's malicious conduct contributed to or caused the loss of affection

It is not necessary to show that the defendant set out to destroy the marital relationship, only that they intentionally engaged in acts that would foreseeably impact the marriage. The plaintiff must prove that there was an existing and genuine love and affection in the marriage, but this does not mean that the marriage was perfect. Evidence of a loving and affectionate marriage could include love notes, cards, photos, and testimony from friends and family.

Alienation of affection is a common-law tort, and as such, it has been abolished in many jurisdictions. As of 2016, alienation of affections was recognised in six US jurisdictions: Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.

Can I sue for emotional distress?

Emotional distress is a legal concept that refers to psychological or mental suffering caused by another person's actions. This can include a wide range of negative emotions, such as fear, anxiety, grief, humiliation, and shock. The effects of emotional distress are deeply personal and subjective, and the intensity and duration of distress can vary.

US law recognises emotional distress as a type of damage that can be awarded to a plaintiff via a civil lawsuit. Emotional distress falls under the legal umbrella of pain and suffering, which is classified as non-economic damages. These are subjective, non-monetary losses, and as such, they can be challenging to prove in court.

Types of Emotional Distress Claims

There are two main types of emotional distress claims:

• Negligent Infliction of Emotional Distress (NIED): This occurs when an individual's negligent behaviour causes emotional harm to another person. For example, witnessing a traumatic event, receiving a misdiagnosis, or the negligent handling of a loved one's funeral arrangements.
• Intentional Infliction of Emotional Distress (IIED): This happens when a person intentionally engages in outrageous conduct that causes severe emotional distress to another individual. Examples include public humiliation, bullying, harassment, or stalking.

Proving Emotional Distress

To prove emotional distress, it is essential to present compelling evidence that demonstrates the existence and impact of the distress. This can include:

• Documentation of professional evaluations or diagnoses by mental health experts.
• Testimonies from the plaintiff and witnesses who have observed the distress firsthand.
• Medical records, therapy records, or counselling session documentation.
• Correspondence such as emails, letters, or text messages that depict the defendant's conduct or communication causing harm.
• Photographs, videos, or other visual evidence of physical symptoms or behavioural changes resulting from the distress.

Filing an Emotional Distress Claim

If you are considering filing an emotional distress claim, here are the general steps to follow:

• Consult an attorney who specialises in personal injury or tort law.
• Understand the specific legal requirements to prove emotional distress in your jurisdiction.
• Gather relevant evidence, such as medical records, therapy records, and documentation of the defendant's actions or negligence.
• Work with your attorney to draft and file a complaint, which outlines the facts of the case, the legal basis for the claim, and the compensation sought.
• Serve the defendant with a copy of the complaint, notifying them of the lawsuit.
• Enter the discovery and negotiation phase, where both parties exchange information and evidence, and your attorney negotiates a potential settlement.
• If a settlement cannot be reached, the case may proceed to trial, where a judge or jury determines the outcome.

Calculating Emotional Distress Damages

Calculating emotional distress damages can be complex and varies by jurisdiction. In some states, the multiplier method is used, where economic damages are totalled and multiplied by a factor between 1.5 and five, depending on the severity of the distress. Other states may use the per diem method to calculate daily damages.

While it is possible to sue for emotional distress, it is a challenging process that requires strong evidence and legal expertise. Each case is unique, and consulting with an experienced attorney is essential to understanding your legal options and the specific criteria you need to meet to succeed in your claim.

What are the grounds for suing someone for ruining my wedding?

While it is understandable that you would want to seek legal action against someone who has ruined your wedding, it is important to note that the grounds for doing so may be limited and vary depending on your location. Here are some possible grounds for suing someone for ruining your wedding:

• Alienation of Affection: In some states, you may be able to sue a third party for "alienation of affection". This legal concept originates from old English law, where a spouse could sue another person for stealing their husband or wife, treating their spouse as property. Today, it has evolved to allow either spouse to sue a third party who interferes in their marriage and causes a loss of affection, leading to its breakdown. The specific requirements vary by state, but generally, you would need to prove that your marriage was loving and happy, the love and affection were destroyed, and the third party's actions directly caused this alienation. It is important to note that most states have abolished these types of lawsuits, and even in states that still allow them, courts may view them unfavourably.
• Criminal Conversation: In a few states, you may be able to file a lawsuit for "criminal conversation" against a third party involved with your spouse. This typically involves providing solid proof of sexual relations between your spouse and the third party, and it may be subject to specific requirements and statute of limitations. However, like alienation of affection lawsuits, these types of cases are becoming less common, and many states have banned them.
• Intentional Infliction of Emotional Distress: While it is challenging to win a case for intentional infliction of emotional distress, there may be situations where you can successfully sue a third party for their extreme and outrageous conduct that intentionally or recklessly caused you severe emotional distress. For example, if a third party entered into a relationship with your spouse solely to cause you pain, this could be considered an intentional act. However, the requirements for such a lawsuit vary by state, and it is not a common path to success.

It is essential to consult with a knowledgeable family law attorney in your area to understand the specific laws and viability of any potential lawsuit. The laws and success rates vary significantly from state to state, and an experienced local attorney can provide you with the most accurate and up-to-date information.

Frequently asked questions