Van Meter v. Van Meter

I believe the tort of intentional infliction of emotional distress should be unavailable when it is predicated on conduct which leads to dissolution of a marriage. Because dissolution of marriage is impossible in this jurisdiction without the exercise of voluntary choice by one of the spouses and approval by the court, no marriage can be terminated without the unfettered exercise of free will by one of the parties. To provide the other party with a tort remedy against a third person as a result of the termination contradicts this reality and effectively revives the alienation of affections…