Legal Question in Family Law in Kansas


Is Alienation Of Affection a real law and can it be used in a divorce?

Asked on 5/30/07, 10:43 am

2 Answers from Attorneys

Grant Griffiths Grant Griffiths

Re: Divorce

It is my understanding it is not a real law. In fact, those in the mental health profession don't formally recognize it either.

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Answered on 5/30/07, 10:46 am

Rian Ankerholz Ankerholz and Smith

Re: Divorce

The Kansas Legislature has abolished the cause of action commonly known as "alienation of affection."

K.S.A. 23-208. Alienation of affections actions abolished:

There shall be no right to bring an action in this state to recover damages for alienation of affections based on any act done on or after July 1, 1982.

This was done after a line of cases like Curry v. Kline; 187 Kan. 109 (1960) which denied relief in such situations: "The conclusion to be drawn is that actions for damages for alienation of affection and for breach of promise of marriage have become so obnoxious to the public welfare that the Legislatures of some states have abolished them."

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Answered on 5/30/07, 11:59 am

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