Alienation Of Affection In Mississippi

State:
Mississippi
Control #:
MS-60028
Format:
Word; 
Rich Text
Instant download

Description

The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint for Alienation of Affections, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances. Available for download in standard format(s). USLF control no. MS-60028
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FAQ

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.

Mississippi law permits an uncommon fault-based basis for divorce: alienation of affection. Although rarely litigated, this legal claim permits someone presently or formerly married to sue a third party for interfering with the marital relationship.

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.

The plaintiff must prove: (1) that the defendant engaged in wrongful conduct; (2) that the plaintiff suffered loss of affection or consortium; and (3) that the defendant's conduct was the cause of the loss. Wrongful conduct may be established through evidence of persuasion, enticement, or inducement by the defendant.

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.

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Alienation Of Affection In Mississippi