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In an alienation of affection lawsuit, you can essentially sue a third party for breaking up your marriage. You cannot file this type of case against your husband for cheating, but you can sue the other woman.
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.
Although Michigan abolished the Alienation of Affection law along with most other states, there are other issues that can lead to penalties and problems for West Michigan couples considering divorce.
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.
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.
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.