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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.
However, these cases are extremely difficult to prove, let alone win. It's for this reason that many attorneys often refuse to take these cases.
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 affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce.