Alienation Of Affections Act
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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.
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.
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.
A spouse may sue their spouse's lover for interfering in the marriage. But, there could also be other grounds for a claim as well. If a spouse's mother constantly criticizes their spouse and encourages her child to divorce them, this could potentially give rise to an alienation of affection claim.