What does alienation of affection cost?

Looks like the going rate in Lowndes County is $88,000.  Earlier this week, the Mississippi Court of Appeals handed down Simmons v. Strickland.  In this case, Chrissy and Chuck were married in 1996 and had a child named Wilder in 1998. Chrissy testified that their marriage was “relatively good” for eleven years. Chuck testified that it was “more troubled, although he did concede that the marriage was “typical,” in that there were “ups and downs.”

According to the opinion:

The marriage began to disintegrate in the summer of 2007. They separated on

September 17, 2007.

¶4. In June 2007, Chuck, Chrissy, and Wilder were on vacation with Melissa and her

then-husband, Lane Simmons, at a camp house on a river in Kiln, Mississippi. Chuck and

Chrissy got into an argument. Chrissy packed her bags, grabbed Wilder, and left the camp

house without Chuck.

¶5. Melissa testified that she and Chuck stayed up talking that night at the camp house.

He told her that he was unhappy. After that night, Chuck and Melissa talked to each other

frequently. Cell phone records indicated that Melissa called Chuck 107 times between July

26, 2007, and September 17, 2007. Likewise, Chuck called Melissa fifty-one times…

Thereafter, Chuck and Chrissy divorced and Lane and Melissa divorced.  At trial, Chuck and Melissa claimed they never had sex prior to Chuck’s separation from Chrissy, but the jury found otherwise to the tune of $87,500 in compensatory damages and $500 in punitive damages.

Melissa appealed on a number of issues but was successful on none of them.  Score one against the home wreckers. 

I guess Melissa can at least be happy it didn’t happen in Marshall County.  Valentine v. Fitch from there in 2005 cost the losing side $754,500 plus attorneys’ fees.  That isn’t a small amount of money and would have most people living in a van down by the river and eating ramen noodles for the rest of their lives.

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About randywallace
I am a husband, father, attorney, outdoorsman and cook.

14 Responses to What does alienation of affection cost?

  1. Anonymous says:

    neglected to add they were step brother and sister also….and had to go to Alabama to get married…

  2. mustang0131 says:

    Not to mention they were step brother and sister for a number of years…..jus sayin!

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  4. mlocklear says:

    I hate “Alienation of Affection” law suits it should be did away with.
    Jessica Lowery sued me going on three years ago for alienation of affection in North Carolina. They haven’t taken it to trial yet. They have no discoveries , I’m been harassed and she’s tried making me look like a idiot in the community. I never associated with her husband. They have a divorce now, the marriage only lasted five months. She had a restraining order out on her husband when they got married. How crazy is that. After she got married she had her husband put everything he had in her name. Her reason was she didn’t want the IRS take it since he owed taxes. The only thing he didn’t put in her name was his house and his work van.
    She voluntarily left the home two weeks after the baby was born. She told people the reason she left was they got in a fight. She called the law and told them they were fighting and he assaulted her. The police said there was nothing out of place. Her husband was in the bed asleep with the baby. The police stayed so she could pack her things and leave. When she was packing her husband couldn’t be in the house. She went into his safe and stole 60K dollars . His whole life savings, along with everything he put in her name.
    She took the money and hired an attorney. She fought him in court took away his rights to see his little girl. He didn’t have the money to fight back and couldn’t prove she took his money because it was cash. He hasn’t seen her in three years her birthdays coming up next month. She said he don’t deserve to see her since he’s with me. She also told the judge he was on drugs which was totally not true.
    Her friends and family have told different ones that she only got married so no one would know she was pregnant out of wed lock. Her husband never even purposed to her. She planed the marriage without his input on anything. A few months before she got pregnant she had planned another marriage with her ex boyfriend.
    She filled alienation of affection papers out on me six months after she left. That was her reason to let people think I ruined her marriage. No one would know any better unless I sat down and explained it in details.
    She used the law to keep her reputation clean in the community and work. She tells people I’m a psycho and has tried slandering my reputation. I never had no reason to do anything to this women. I didn’t even know her. She had and has so much revenge and hatred towards me.
    We also got into a fight in another state. This was the month before she filled the alienation of affection law suit. Using the law to her advantage she took papers out on me for assault. I didn’t know it till I was pulled over by the cops. I had a fugitive warrant. I went to court and it was thrown out they found me not guilty. I had to have it expunged of my record in that state. Yes I got the best of her when we got in that fight, but what could she expect when jumping on a complete stranger. I had to stand up and defend myself. That’s one thing I refuse to do is let someone run over and bully me. She told people I had beat her with a beer bottle(they didn’t even sale beer bottles).
    I have spent a lot of money in lawyers with this. I closed my business. I had to take the money from my savings to pay lawyers and stay out of jail. I couldn’t get a job cause I had the fugitive warrant on my record. I’m been out of work for a whole year because of this. I always held a full time job.
    She has a job over the kids in our county and tried paying a seventeen year old boy to burn my house down and vandalize my car. She bribed an eighteen year old girl by taken her to a local club and getting her in for twenty one. Got her drunk so she could tell her what she knew about me and her husband. The girl told her she didn’t know anything . Jessica starting screaming “tell me tell me now” driving crazy and drunk.
    I sent all this information to her board members to let them know what was going on. They totally ignored the situation taking her word on it. She told them she was in a car accident. She’s the executive director at the nonprofit organization. This organization deals with kids from ages 0-5. They have programs for parents and teens also.
    So Jessica’s job was on the line. By her taking this alienation of affection law suit out on me. She told the board members at her organization her attorney would handle me. After I sent them all a letter informing them she had been in a fight at the club. She had vomit on herself in front of local parents. She fired one of her employees because she was talking about it at work.
    This to me is totally a lawsuit as a frivolous attempt to make money and turn the attention on me so people will take me to be this lady who ruined her marriage and assaulted her. When it was just a way for her to rob him for 60k take his vehicles and most importantly his baby girl, have a reason to leave without friends and family thinking she was a failure who’s marriage only lasted five month. Or who knows it could have been that the baby wasn’t even his. She fought so hard to take her away after taking all his money and knew he couldn’t afford a blood test or an attorney to fight back. But yet she claimed me to be the psycho since I’m the one being sued.
    This is so unfair to an in assent person and she shouldn’t even have had the chance to use the court system like this to her advantage.

  5. Pingback: Alienation of Affection Still Alive and Well in #Mississippi « randywallace

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  8. AOASUX says:

    it’s a joke to be advertised as “Christian” It gives the self righteous an excuse to legally abuse “said” paramour.
    .
    Being advertised as “jack pot multi million lawsuit”, leads to danger & devastation. With this much money expected plaintiffs & lawyers do unethical & criminal things to win the case.

    In MS many husbands wanting a divorce use AOA to get a free legal council, & pay less settlement,. They find a victim, set her up, & convince their wife & lawyer to focus on “said” paramour. The man places fault on the third person & fails to mention he lied about being married.

    The victim or said “paramour” is sued for AOA simultaneously as the divorce. This is to ensure the husband can use her lawyer for legal representation & extort for divorce settlement..

    The later is what happened to me; I was the victim. He lied about being divorced, set me up, & used the lawsuit to be the puppet master. It didn’t matter that he had filed, separated, & had 3rd party protection clause in divorce decree. . Judges in MS don’t care about contract law.

    AOA lawsuit made him needed & put me in difficult position. My attorney advised me stay away but “be nice” because I needed his testimony. Moreover, he was divorce lawyer legal expertise would save me money on discovery. Ha!!

    I’ve been litigating the Alienation of Affection lawsuit (AOA) since 3-30-2011, costing me over $20,000 in legal fees, much time, & stress. Consequently, I’m broke!

  9. AOASUX says:

    It’s a joke to be advertised as “Christian” It gives the self righteous an excuse to legally abuse “said” paramour.
    .
    Being advertised as “jack pot multi million lawsuit”, leads to danger & devastation. With this much money expected plaintiffs & lawyers do unethical & criminal things to win the case.

    In MS many husbands wanting a divorce use AOA to get a free legal council, & pay less settlement,. They find a victim, set her up, & convince their wife & lawyer to focus on “said” paramour.The victim or said “paramour” is sued for AOA simultaneously as the divorce. This is to ensure the husband can use her lawyer for legal representation & extort for divorce settlement..

    The later is what happened to me; I was the victim. He lied about being divorced, set me up, & used the lawsuit to be the puppet master. It didn’t matter that he had filed, separated, & had 3rd party protection clause in divorce decree. . Judges in MS don’t care about contract law.

    AOA lawsuit made him needed & put me in difficult position. My attorney advised me stay away but “be nice” because I needed his testimony. Moreover, he was divorce lawyer legal expertise would save me money on discovery. Ha!!

  10. Laura Henninger says:

    Hello Mr. Wallace! Is it possible to successfully sue for alienation of affection AFTER a divorce is finalized?

    • randywallace says:

      It would depend on your specific state law. In Mississippi, yes it is possible to successfully sue for alienation of affection after a divorce is finalized provided that you file suit within the statute of limitations.

      “A claim of alienation of affection accrues when the alienation or loss of affection is finally accomplished.” Anderson v. Ladner, 2016 Miss. App. LEXIS 15 (Miss. Ct. App. Jan. 12, 2016). However, there is no bright line rule in Mississippi for determining when the alienation or loss is finally accomplished. It is conceivable that it could occur and therefore the SOL begins, while the parties are married. It is also conceivable, that it doesn’t occur until the divorce is filed or even as late as when the divorce is final by judgment. Until the Court here establishes a bright line rule, the determination of when the alienation or loss is finally accomplished will remain a very fact specific inquiry (and likewise potentially an issue for the jury to decide).

      It appears you are from a state other than Mississippi. Depending on your state of residence, alienation of affection may not be a viable cause of action. The last time I checked, only Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah recognized alienation of affection as a viable cause of action. If you are interested in pursuing a claim, consult with an attorney in your state that is knowledgeable on these matters.

  11. GTT says:

    I am always cheering the winners of these cases on!

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