In some states, it is possible to legally hold the other woman or man responsible for the destruction of your marriage. Alienation affection, or criminal conversation, lawsuits are complicated and each case must meet certain criteria. If you are thinking of filing a lawsuit against the other woman or man, here is what you need to know.
What Is Alienation of Affection?
If your spouse was unfaithful to you, you can allege that the person he or she cheated with caused your spouse to take affection away from you. If this resulted in the destruction of your marriage, this could be considered alienation of affection. As a result of the loss of affection or the end of your marriage, you could file a lawsuit asking for financial compensation for the damages.
As of June 2015, there are seven states that allow for alienation of affection lawsuits, including South Dakota, North Carolina, and Illinois.
What Criteria Have to Be Met?
In an alienation of affection case, you do not have to prove that your spouse had an intimate relationship with the other person. You do have to prove that prior to the infidelity that you and your spouse were married, shared love, and that the love was ruined by the presence of the other person. You also have to show that this resulted in damage or harm to you.
Proving damage is one of the easiest components to prove in an alienation of affection case. The end of the marriage and the financial loss of the unfaithful spouse's income to the home are easily proven. If you plan to sue for pain and suffering, you need to illustrate how you have suffered from the actions of the other person.
Criminal conversation differs slightly from alienation of affection. In a criminal conversation case, you have to prove that your spouse had an intimate relationship with the other person. You also have to prove that this relationship occurred while you and your spouse were married.
Can You Win Your Case?
If you and your family attorney are able to provide evidence to the court that proves the other person is responsible for the end of your marriage, there is a possibility you can win. There have been many successful cases in which the court recognized that another person was the cause of a relationship ending. For instance, in 2010, a North Carolina woman was awarded $9 million from her husband's mistress.
Talk to a family law attorney about your options if you believe that the person your husband or wife cheated with should face legal consequences for his or her actions. The court might agree with you.
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