New York Complaint for Alienation of Affections
Description
How to fill out Complaint For Alienation Of Affections?
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FAQ
This law used to exist in New York and many other states, but today only a few states still have alienation of affection laws: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah.
The remedy for a successful Alienation of Affection case is a monetary award paid by the defendant to the plaintiff (person who brought the claim) but the amount of that award depends on each case.
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 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.
To prove a claim for alienation of affection, the jilted spouse must prove that, prior to the commencement of the affair, he or she had a loving marriage, that the loving marriage was diminished or destroyed by the paramour's conduct, and that it was that wrongful conduct that led to the diminishment of the marital ...
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.
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.
