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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.
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.
To file a successful alienation of affection lawsuit in Madison County, MS, a plaintiff must prove the following three things: The defendant acted in a wrongful manner; The plaintiff suffered loss of love/affection; and. The defendant's wrongful behavior was the proximate cause of the loss of affection.
Do I have any recourse against my spouse's lover? Yes, Mississippi is one of the few states where a husband or wife can file suit for Alienation of Affection against their spouse's lover. Alienation of Affection is a civil lawsuit where the ?other man or woman? can be held liable for actual and punitive money damages.