HB 3479
Reinstituting the maintenance of actions for alienation of affection and criminal conversation
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill seeks to restore the ability to file lawsuits in West Virginia for alienation of affection and criminal conversation. Currently, such actions are prohibited, but this legislation would allow individuals to pursue claims based on these grounds. However, the lawsuit must be initiated before March 6, 1969, and the defendant’s actions must have occurred before the couple physically separated with the intention of permanent separation. The bill also clarifies that these actions can be brought against individuals or legal entities.
Key provisions
- Allows civil actions for alienation of affections and criminal conversation.
- Claims must be filed before March 6, 1969.
- The defendant’s actions must have occurred before the plaintiff and spouse physically separated with the intent for the separation to be permanent.
- Actions can be brought against individuals or legal entities.
- The bill amends §56-3-2a of the West Virginia Code.
- A new section, §55-7-31, is added to the Code.
Who is affected
- Individuals
- Spouses
- Legal entities (potentially)
Notable changes
- Reinstates lawsuits for alienation of affection and criminal conversation, which were previously prohibited.
- Establishes a time limit of three years from the last act of the defendant.
- Requires the separation to be intentional and with the intent of permanence.
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