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Can I sue for Criminal Conversation or Alienation of Affection in Arizona? If so can I do this in small claims court?

Mesa, AZ |

Wife of 20 years had an affair with a mutual married friend. Looking to sue him for Alienation of Affection or Criminal Conversation. Both live in Az and it happend in Az. If I can sue can it be done in small claims court?

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Attorney answers 1

Posted

You cannot sue for Alienation of Affection in Arizona. This cause of action was abolished by the State Legislature. See A.R.S. 25-341: "the common law cuase of action for alienation of affections is abolished." Likewise, I am unaware of any legal recognition of the tort of Criminal Conversation in Arizona.

The answer above is based on the minimal facts provided in the question. The answer could change if additional facts become known. Another attorney may have a different view of the question. Consulting with an experienced Arizona family law attorney is strongly suggested. The response given to your question does not create an attorney client relationship.

Asker

Posted

Kevin, Thank you for your fast response. Would you happen to know if there is anything I can sue him for? During their affair I supported the band he is in and spent around $5000 to $6000. I also bought the band shirts, stickers and stationary. They were supposed to play at a party at my house but backed out 3 or 4 days prior..

Kevin L Jensen

Kevin L Jensen

Posted

If you had an agreement that they play a party at your house in exchange for the items, then maybe a breach of contract claim. I assume you don't have anything in writing, so at best it would be a breach of an oral contract which are enforceable in Arizona. I would need a lot more information to really evaluate this further. I would be happy to discuss it with you if you would like.

Asker

Posted

I would love that. I think my timeline is running out as I was made aware of the affair 1 year ago this Friday. We officially cut ties with each other July 25th 2011.