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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.
Which states recognize alienation of affection? Alienation of affection is no longer grounds for a lawsuit in most U.S. states but there are some exceptions. It is possible to file a civil lawsuit for alienation of affection only in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah.
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.
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.
Any texts between your spouse and another party, photos, emails, group chats, or other communication can be found on a cell phone and provide a great amount of incriminating evidence. A skilled divorce attorney will look at all potential sources of data in order to uncover evidence of adultery.
Alienation of affections is a mostly outdated law that allows a spouse to sue an individual that causes their other spouse to end their marriage.
The elements of a case for Alienation of Affection in Mississippi are: Wrongful conduct by a third party; Loss of the spouse's affection; and. A causal connection between the conduct and the loss.