Alienation Of Affection Lawsuit
It can be heartbreaking to find that your spouse is now interested in another person. If you find yourself in a situation where your spouse’s affections have been transferred to another person, you can hold the other person responsible for the breakdown of your marriage by filing an alienation of affection lawsuit.
Also known as a heartbalm or homewrecker lawsuit, this lawsuit allows you to sue the 3rd party for loss of affection that your spouse provided you through marriage. Most states still allow for these types of lawsuits to be filed against 3rd party lovers. They can also be filed against anyone who interfered with your marriage including parents, therapists, in-laws and clergy members who may have encouraged your spouse to file a divorce.
Proving Alienation of Affection
In order to be successful in filing an alienation of affection lawsuit, you must show that:
- Your spouse and you were happy in your marriage
- The affection and love in your marriage was destroyed or alienated
- A third party’s malicious or wrongful behavior resulted in the alienation or destruction of the relationship
- You have suffered damage from the loss of your spouse’s affection
To be successful with this lawsuit, you don’t have to show that your spouse had sex outside marriage. You only need to show that the wrongful conduct of another party caused the loss of affection and eventually made your marriage to come to an end.
Compensation for Alienation of Affection
Compensation for alienation of affection varies from one case to another based on the particular circumstances of the case. The injured spouse has the right to seek monetary damages. These are awarded based on various factors including health effects, loss of support, humiliation, mental anguish as well as loss of fellowship.
Injured spouses can also seek punitive damages. These are awarded as a punishment to the defendants for their wrongful actions. These awards are based on the circumstances of the case.
Fighting for your rights
Some states see as many as 200 alienation of affection lawsuits filed by wronged spouses each year. However, some states don’t allow you to file an alienation of affection lawsuit against a third party. You will be limited to only filing for separation or divorce.
If you can show that your spouse had an extra-marital affair, you can use this as grounds for divorce or separation. Evidence of adultery can have significant impact in some courts when it comes to division of property and awarding alimony.
