3 July 2019
 Categories: Law, Blog

The family court system is not the only court of action, when it comes to relationship issues. While taking action against a third-party who interfered with you and your partner is unusual, it may present some with the means to gain monetary compensation. To find out whether or not you might have a civil course of action, read on.

Who to Sue

It may appear unfair, but the very person whom you might like to see sued, when you are cheated on, is immune to this sort of personal injury suit. You can deal with your spouse using divorce law, but very few states continue to support divorces where adultery can be named as a fault. Whoever had an affair with your spouse, however, can be sued for money damages using an alienation of affection course of action. You should be prepared to show and prove that you were harmed by the actions of the other party.

There is more to the picture, however. Scenarios involving an adulterous third-party or a cheating spouse are not the only situations that could relate to alienation of affections suits. Almost anyone that comes between you and your spouse can be subject to a lawsuit. For example, if your mother and father-in-law are determined to split you and their adult child apart, you can sue them as well. In fact, everyone from the members of the clergy to lawyers and counselors can be sued for alienation of affection. It all comes down to proving that alienation occurred and that it harmed you by harming your relationship.

The Requirements of an Alienation of Affection Case

All of the below four elements must be shown to be valid, in order for you to win an alienation of affection lawsuit:

1. Before or without the actions of the defendant, your relationship was happy and healthy. One defense to anticipate is to find that your spouse previously cheated on you with someone other than the defendant.
2. Your relationship began to change and it was no longer happy and healthy. You should be able to cite a moment in time when your relationship underwent a change for the negative.
3. The reason for the negative change can be directly linked to the actions of the defendant. You should be ready to show that the actions of the defendant caused the relationship to take a bad turn.
4. As a result of the change in the relationship, you've suffered from measurable and severe harm. For example, you may have been forced, for moral or religious reasons, to file for divorce, because of the cheating. You may be able to show both financial and emotional damages, as a result.

Speak to a personal injury attorney to find out more.