Alabama Complaint for Alienation of Affections
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FAQ
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 ...
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce.
These elements are: (1) the existence of a marriage characterized by genuine love and affection; (2) the love and affection of one spouse for the other is alienated and destroyed; and (3) the wrongful and malicious conduct of the defendant is the controlling cause of this alienation.
The 'Homewrecker' law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.
Though it's not illegal to cheat on your spouse, there may be repercussions in a civil court for infidelity depending on your location. Few people are ever successful in winning alienation of affection claims because of the elements that are required for a successful case.
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.
To prove alienation of affection, you must show your marriage was loving. You can do this with letters, photos, witnesses, and other similar evidence. You also must show the defendant actively and purposefully interfered with your spouse's affection for you and caused your spouse to become alienated from you.
The remedy for a successful Alienation of Affection case is a monetary award paid by the defendant to the plaintiff (person who brought the claim) but the amount of that award depends on each case.