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Is Suing Your Spouse's Lover For Ending Your Marriage Possible?

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One of the most cited reasons for the end of a marriage is infidelity. Depending on the state in which the injured party lives, he or she might be able to take legal action against the man or woman that his or her spouse involved in the outside relationship. If you are the injured party in the marriage, here is what you need to know:

Can You Sue for Alienation of Affection?

Alienation of affection is basically holding the man or woman who cheated with your spouse accountable for his or her role in the ending of your relationship. In other words, you believe that the man or woman's actions caused damage to your relationship.

In some states, such as Hawaii and North Carolina, it is still possible to sue the spouse's lover. Although alienation of affection is commonly thought to only apply to a lover, there are other people who you could also claim interfered with your relationship. For instance, if a marriage counselor told your spouse to divorce you, you could hold him or her responsible under the alienation of affection law.

If you can win your case against the third party, you could ask for financial compensation. The amount that you will receive is dictated by your state's laws.

How Is Alienation of Affection Proved?

Proving your claim of alienation of affection might be more challenging than you think. Unless your spouse freely admits to having sexual intercourse with another person during your marriage or admits that the advice or actions of another, such as the marriage counselor, led to him or her wanting out of the marriage, you must find your own evidence.

To prove your case, you will need to start by showing that your marriage was fine until the other person got involved. You could rely on the testimony of friends and family to help paint a picture of your relationship.

In addition to this, you must show how the person's actions led to the end of your marriage. If a lover was responsible, you could possibly rely on receipts for hotels, pictures of your spouse with the other party, or the testimony of those who witness the affair as evidence.

Before making accusations to your spouse or the party you believe to be responsible for your marriage ending, talk to a divorce lawyer. He or she will advise you of the best legal way to handle your particular situation.

Contact a lawyer like Gomez May LLP for more information and assistance.