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Some U.S. states allow couples to sue when an ?interloper? like a new lover, parent or clergy convinces their partner to leave them. Ontario and Canada have no divorce laws for alienation of affections.
If you're filing a claim, you have to prove that you had a happy marriage before the person alienated your spouse's affection. This means that, for your claim to be successful, you'd have to prove that your spouse's affair was the sole reason for your spouse being alienated.
Evidence that may strengthen the claim includes photographs depicting a loving bond between the married couple, testimony from friends and family regarding the strength of their relationship prior to the affair, and cards, notes, texts, etc.
Alienation of affection cases are 'very prevalent' To have a chance at winning the lawsuit, a cheated-on spouse should be able to show the couple was happy before the affair and a lover came between them. In other words, that a third party got in the way of the relationship and caused its downfall.
Alienation of affection is difficult to prove in most situations. It's extremely hard to know, from the outside looking in, what's going on in a relationship. And it's even more difficult when both parties are involved in a lawsuit.