what is House Bill 1110 and where can I read a copy?
I did a google search and found all kinds of info online about it. (I would post the links but they don’t allow links on here). Essentially it says that once you are separated, the AA or CC claims cannot be filed. I still have questions about it though, like I wonder what happens if you separate prior to Oct 1st when the law goes into effect.
Here is the text I found online:
(a) No act of the defendant shall give rise to a cause of action for alienation of affection
or criminal conversation that occurs after the plaintiff and the plaintiff’s spouse physically
separate with the intent of either the plaintiff or plaintiff’s spouse that the physical separation
remain permanent.
(b) An action for alienation of affection or criminal conversation shall not be
commenced more than three years from the last act of the defendant giving rise to the cause of
action.
(c) A person may commence a cause of action for alienation of affection or criminal
conversation against a natural person only."
SECTION 2. This act becomes effective October 1, 2009, and applies to actions
arising from acts occurring on or after that date.
In the General Assembly read three times and ratified this the 23rd day of July, 2009.
Actually, if I’m reading the posted text correctly, it means that any acts that occurred after separation started cannot be used as cause for AA/CC, rather than what you say.
If there was AofA/CC occurring prior to the separation date, the action can still be brought into court, even if the filing occurs after the separation date.
Yes, any behavior giving rise to one of these claims which occurs prior to the date of separation is still actionable.
Clarification…so can the suit be brought AFTER Oct 1 for aledged AA prior to Separation?
Gray area: What if Separation had not physically occurred yet, but spouse had been notified of pending separation?
With your clarification: Yes, after Oct 1, one can still bring actions for AofA that occurred prior to separation, as long as said act occurred no more than 3 years prior.
Gray area: If you aren’t physically separate, I don’t think you are separated for the purposes of this bill.