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MIAMI A
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Simple English definitions for legal terms
marital tort
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A quick definition of marital tort:
A marital tort is when one spouse does something wrong to the other spouse. This can be on purpose or by accident. It can also involve someone else who interferes with the marriage. There are two types of marital torts. One is when a spouse loses love, comfort, or companionship because of the other spouse or a third party. The other is when a spouse has an affair and the other spouse sues the person they had the affair with. In court, the rules that protect married couples from having to testify against each other do not apply.
A more thorough explanation:
A marital tort is a type of legal action that involves a tort committed by one spouse against the other. This can be a civil action between spouses or against a third party who interferes in the marital relationship. The tort can be intentional or negligent behavior.
There are two main types of marital torts:
- Torts for Alienation of Affection: This type of tort involves the loss of love, comfort, or companionship of one spouse due to the actions of the other spouse or a third party. The plaintiff seeks compensation for these losses from the spouse or from the third party.
- Criminal Conversation Tort: This type of tort occurs when one spouse engages in an extramarital affair. The plaintiff seeks damages from the third party who engaged in sexual intercourse with their spouse while the marriage was still intact.
For example, in the case of Rodriguez v. Lemus, the plaintiff sued her husband's mistress for alienation of affection. The plaintiff claimed that the mistress had interfered in her marriage and caused her to suffer emotional distress. The court found in favor of the plaintiff and awarded her damages.
This example illustrates how a marital tort can involve a third party interfering in a marriage and causing harm to one of the spouses.