What are the grounds for alienation of affection?
To succeed on an alienation claim, the plaintiff has to show the following elements: the marriage entailed love between the spouses in some degree; the spousal love was alienated; the defendant’s malicious conduct contributed to or caused the loss of affection.
How do you fight alienation of affection?
You can defeat an alienation of affection lawsuit by showing your action was innocent or that you weren’t the reason the marriage broke down. In addition, there are other defenses which you might have, including the following: The plaintiff consented to the conduct.
Can you sue your spouse for alienation of affection?
‘Alienation of Affection’ To have a chance at success with these types of lawsuits, the cheated-on spouse must show the couple was happy before the lover came between them. The cheated-on spouse must essentially show that it was the lover that caused the downfall of the relationship.