South Dakota is one of six states that still allows actions for alienation of affections in its courts.
58) Thus, the development of alienation of a child's affections owed much to legislative and judiciary interpretations of alienation of affections.
68) Faced with this phenomenon, civil courts tried to fit parental alienation cases into the scope of existing tort law, including alienation of affections.
In identifying the elements of alienation of a child's affections, the Hershey court pointed to South Dakota's elements for alienation of affections.
The wrongful conduct standard was first recognized by the court in the 1956 alienation of affections case of Pearsall v.
Loss of affections is the counterpart to the consortium element in alienation of affections claims.
2d 1207, 1216 (Utah 1983) ("Similarly, a suit for alienation of affections does not attempt to 'preserve' or 'protect' a marriage from interference, but only to compensate a spouse who has suffered loss and injury to his or her marital relationship through the intentional interference of a third party.
2d at 698 ("The action for alienation of affections purportedly exists to discourage third persons from weakening marriages.
at 1995 ("The closeness between these other areas of law and alienation of affections demonstrates that tort remedies are properly employed as adultery-remedying tools.
2000) ("The public policy of this State, reflected in the abolition of the actions for alienation of affections and criminal conversation, required the dismissal of the tort actions asserted in this case.
This question is different from whether an action for criminal conversation can occur absent penile-vaginal intercourse, see supra note 39, and whether homosexual conduct can sustain an action for alienation of affections, cf.
If the marriage commitment of the spouses is not dead, the tort of alienation of affections provides an adequate legal remedy.