If you live in a state that allows alienation of affection lawsuits, can you sue an out-of-state resident?

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If you live in a state that allows alienation of affection lawsuits, can you sue an out-of-state resident?

My wife and I live in NC. Can I sue a married man in MI for alienation of affection? What state would govern?

Asked on July 16, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the laws within your state are broken by parties who have entered your state and their actions give rise to a lawsuit within your state then I would say yes, you can. But the concernhere is going to be being able to properly serve him with the summons and complaint in order to have the court be able to obtain "jurisdiction" over him.  Having jurisdiction is the only way that the court can make a decision in the case that will effect him in any way i.e., giving you a judgement against him that you can collect on. I would seek help from an attorney in your are on the matter.  Good luck to you.  


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