Mississippi Complaint for Alienation of Affections
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How to fill out Complaint For Alienation Of Affections?
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FAQ
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.
Instead, adultery is most often proved by other evidence. This means that to obtain a divorce based on adultery, you must be able to show the court that your spouse had (1) an adulterous inclination (flirtatious manners) and (2) a reasonable opportunity (a private place and time) to act on that adulterous inclination.
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.
Do I have any recourse against my spouse's lover? Yes, Mississippi is one of the few states where a husband or wife can file suit for Alienation of Affection against their spouse's lover. Alienation of Affection is a civil lawsuit where the ?other man or woman? can be held liable for actual and punitive money damages.
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.
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.
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.
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 ...