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To prove a claim for alienation of affection, the jilted spouse must prove that, prior to the commencement of the affair, he or she had a loving marriage, that the loving marriage was diminished or destroyed by the paramour's conduct, and that it was that wrongful conduct that led to the diminishment of the marital ...
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.
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.
The person filing an Alienation of Affection lawsuit must show 3 things: The person and their spouse were married and a genuine love and affection existed between them. The love and affection was alienated and destroyed. The wrongful and malicious acts of the third party alienated the affection of plaintiff's spouse.