Mississippi House Bill HB1363

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Alienation of Affection; establish procedures for causes of action.

Impact

The enactment of HB 1363 will alter existing laws on alienation of affection significantly by tightening the conditions under which such claims can be initiated. Similar to provisions found in other states, this bill aims to clarify the legal landscape for individuals seeking to file these claims, potentially reducing the number of frivolous lawsuits. This could also alleviate some burden from the court system as these claims are often contentious and can be resource-intensive.

Summary

House Bill 1363 aims to establish new procedures surrounding causes of action for alienation of affection in the state of Mississippi. The bill stipulates that no acts of the defendant can give rise to claims for alienation of affection if the plaintiff and their spouse have already physically separated with the intent that the separation be permanent. Furthermore, it introduces a three-year statute of limitations for initiating an action based on the last act of the defendant that could be linked to such claims. This change bridges a gap in existing civil law regarding the responsibilities and liabilities attached to personal relationships.

Contention

Debate surrounding HB 1363 may center on the implications of restricting causes of action for alienation of affection, particularly the criticisms that it undermines individual rights to seek justice in the context of personal relationships. Advocates for the bill argue that it protects individuals from unfounded claims that could detrimentally affect their personal lives, while opponents could assert that it limits vital recourse in a legal context for matters of emotional and relational harms. As discussions progress, the bill's procedural changes may stir further public debate about personal accountability and the ramifications of separation in relationships.