In most cases, affectional alienation is difficult to establish. It's really difficult to discern what's going on in a relationship from the outside looking in. The plaintiff can demonstrate this by presenting proof of intimate text messages, lengthy phone calls, or covert encounters between their spouse and a third person. In addition, witnesses can also testify about arguments they heard between the couple.
On the other hand, alienation of affection is difficult to disprove. Spouses can easily deny any involvement with another person and claim that any evidence to the contrary is simply false accusations designed to hurt them. For this reason, plaintiffs often need to present additional evidence beyond what we have discussed here. For example, they might show that the defendant was spending a lot of time with someone else at work or visit sites on the internet that only the two knew about.
In conclusion, affectional alienation is difficult to prove but easy to understand why people do it. They do it to gain attention, express love, and be reunited with their missing spouse.
A lawsuit filed by a married (or formerly married) person alleging that the activities of a third party robbed the married (or formerly married) person of his or her spouse's love and affection. The term is also used to describe the loss of love and affection between two people who are not married to each other.
In other words, alienation of affection is any action that causes another person to lose love for their husband or wife.
Alienation of affection can come in many forms. It may be caused by an outsider who has interfered with the marriage relationship, or it may be due to something more subtle such as jealousy or dishonesty. No matter how it comes about, if your spouse no longer loves you, you have been alienated from him or her.
People often become alienated from their spouses through acts of omission rather than commission. This means that your spouse will eventually feel alienated from you if he or she doesn't get the attention he or she needs from you. If you ignore your spouse's feelings or needs, he or she will stop being your friend as well as your partner.
Spouses can also become alienated from one another by choice. This occurs when one spouse stops giving his or her love and affection to the other, usually because of someone or something else that the first spouse enjoys more than him or herself.
Alienation of love and criminal conversation are civil tort remedies that allow an offended spouse to seek monetary compensation from a third person. The action filed by the aggrieved spouse must specify specific damages, such as emotional anguish, loss of income, and/or loss of consortium (conjugal relations).
The basis of an alienation of affection claim is that the defendant has caused the termination of the marital relationship between plaintiff and his or her spouse. In order to prevail in such a case, the plaintiff must prove three things: 1 the marriage of the parties; 2 the absence of consent to the marriage by any member of the family of either party; and 3 that the defendant has engaged in conduct which has alienated the affections of the husband or wife from the family unit.
In addition to awarding general damages, a court may award more specific damages including lost income and medical expenses. Courts generally limit recovery of economic losses due to the inability of plaintiffs to mitigate their damages. That is, a plaintiff will usually try to find other employment to avoid suffering a loss of earnings. However, some jurisdictions permit recovery of economic losses where it is shown that without such recovery, substantial non-economic damages would result.
It is important to note that alienation of affection is not a cause of action in all states. If you are a resident of a state that does not recognize this type of claim, you cannot file suit.