criminal conversation tort

Criminal conversation is a common law tort that allows a spouse to sue a third party for engaging in sexual intercourse with their spouse; it is the civil claim for adultery. Criminal conversation or “heartbalm actions” are considered an infringement on the rights of the non-adulterous spouse and an interference with the marital relationship. Only seven U.S. states allow alienation of affection and criminal conversation lawsuits – Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

[Last reviewed in July of 2024 by the Wex Definitions Team]

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