New Hampshire Complaint for Alienation of Affections
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FAQ
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.
Most adultery cases are proven by circumstantial evidence, which means that you have to establish that your spouse had the disposition and opportunity to commit adultery.
Proving Adultery in a Divorce Case You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
You should expect to pay a lawyer a minimum of $25,000 to prosecute or defend an alienation case. These cases also require expert witnesses to testify to damages. Finally, even if you win a large award you may not be able to enforce it if the defendant doesn't have significant assets or a very high salary.
In general, the person accusing a spouse of adultery must prove that they had ?voluntary sexual intercourse? with someone outside of the marriage. Remember, they have to provide specific proof that the infidelity occurred. It can't be circumstantial evidence.
The burden of proof for adultery If you are starting the divorce action, or plan to use adultery as your grounds for divorce, the burden of proof falls on you. This means that you must be able to show the adultery through evidence ? that your spouse more likely than not committed infidelity.
Adultery is one of the possible grounds for a fault divorce. In a fault divorce, the judge may take adultery into consideration when dividing assets or setting alimony, and give more to the wronged spouse. If either spouse argues adultery took place, he or she must provide evidence.
While it is true that Massachusetts does not permit the filing of an alienation of affection or criminal conversation lawsuit, we always encourage those who feel wronged to talk about their experience with our attorneys.
