Minnesota 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.
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.
Before you get any ideas though, Minnesota does not have Alienation of Affection. There's something close, though. "In Minnesota in a divorce you can get monetary damages back in the divorce for what we call dissipation," Rodd said.
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.
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.
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.