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You should expect to pay a lawyer a minimum of $25,000 to prosecute or defend an alienation case. These cases also require expert witnesses to testify to damages. Finally, even if you win a large award you may not be able to enforce it if the defendant doesn't have significant assets or a very high salary.
In order to file an alienation of affection lawsuit, a plaintiff must prove these three things about their marriage: The marriage was happy, and there was genuine love and affection between the partners. The genuine love and affection that once existed has been alienated or destroyed.
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 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.
Some U.S. states allow couples to sue when an ?interloper? like a new lover, parent or clergy convinces their partner to leave them. Ontario and Canada have no divorce laws for alienation of affections.