Utah Complaint for Alienation of Affections
Description
How to fill out Complaint For Alienation Of Affections?
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FAQ
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.
Evidence that may strengthen the claim includes photographs depicting a loving bond between the married couple, testimony from friends and family regarding the strength of their relationship prior to the affair, and cards, notes, texts, etc.
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.
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.
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.
Defenses Lack of knowledge that the adulterous spouse was married. The marriage was an unhappy marriage. The sex was consensual. The defendant was seduced. The Plaintiff had engaged in adulterous affairs (although that may reduce the damages) The sex had no effect on the marriage.
