California Complaint for Alienation of Affections
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How to fill out Complaint For Alienation Of Affections?
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FAQ
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 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 ...
Defenses Lack of knowledge that the adulterous spouse was married. The marriage was an unhappy marriage. The sex was consensual. The defendant was seduced. The Plaintiff had engaged in adulterous affairs (although that may reduce the damages) The sex had no effect on the marriage.
Since adultery is not relevant to divorce proceedings in California, you cannot sue the third party for ?alienation of affection? or causing the end of the marriage. These types of lawsuits are not recognized. The third-party owes no legal duty to the married couple.
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.
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.
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.