Hawaii Complaint for Alienation of Affections
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How to fill out Complaint For Alienation Of Affections?
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FAQ
Only seven states have alienation of affection laws, California is not one of them. In fact, California law is very clear that any fault of either spouse causing the breakdown of the marriage cannot be used as a reason for the divorce.
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.
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.
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.
The person filing an Alienation of Affection lawsuit must show 3 things: The person and their spouse were married and a genuine love and affection existed between them. The love and affection was alienated and destroyed. The wrongful and malicious acts of the third party alienated the affection of plaintiff's spouse.
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.