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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.
The strength of a plaintiff's claims for alienation of affection and criminal conversation depends on many factors, including the length of the marriage, the length of the affair, whether the married couple had young children, and whether the paramour knew or was friends with the jilted spouse before or while having an ...
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.
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.
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.