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The thrust of an alienation of affection claim is that the love and affection of the cheating spouse toward the jilted spouse was ?alienated? by the paramour. For that reason, such a claim may exist even if the paramour and the other spouse do not engage in sexual conduct?though they almost always do.
Criminal conversation is a euphemism for the act of sexual intercourse with someone else's spouse. Though the word ?criminal? is used in the label, it is strictly a civil claim for money damages. A single act of sexual intercourse is sufficient to state a claim for criminal conversation.
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.
Although this kind of lawsuit is now abolished in Connecticut, aggrieved spouses in the colonial and early national period had the option of suing their spouse's paramours in court for alienation of affections.
Claiming emotional distress without a physical injury is possible in Connecticut, however, as state law does not require bodily harm to file a claim.
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.
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.
If your partner is married, their spouse could sue you for damages, alleging that you caused them mental or emotional distress. Adultery laws in Canada are pretty strict, but that doesn't mean they're consistently enforced. The law is often used as a tool to get divorced couples to settle their disputes out of court.