The Associated Press and CBS Sports have recently reported on an action filed in Mississippi by Sherrie Allison Miller. Ms. Miller, the ex-wife of pro golfer John Daly, is pursuing a claim for alienation of affection. In essence, Ms. Miller claims that Mr. Daly's girlfriend, Anna Cladakis, is responsible for the brake up her marriage. One thing that makes this case so interesting is that Mississippi is one of only a handful of states that permits a claim for alienation of affection. What is equally interesting is that Mr. Daly and Ms. Miller were not residents of Mississippi, nor was Ms. Cladakis. Despite the absence of residency, Mississppi found the forum proper stating,
"Because Miller's prima facie showing evidences that Cladakis availed herself of the "privilege of conducting activities" with Daly in the state of Mississippi, we do not find it improper to bring her back into Mississippi to defend the alienation-of-affection case that arose out of those alleged activities."
Miller v. Provident Advertising and Marketing, Inc., 2014 WL 2735194 (Miss. App. June 17, 2014).
Notably, Delaware prohibits actions for alienation of affection. In 1972 the First State passed legislation prohibiting such claims here. Specifically, Section 3924 of Title 10 provides,
"Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.
The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, enticement, or breach of contract to marry are abolished. No act done in this State shall operate to give rise, either within or without this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or without this State, to any cause or right of action for its breach."
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