What is an "Alienation of Affection” Lawsuit?"

Alienation of Affection lawsuits are brought by spouses who are deserted due to the actions of a third party. The lawsuit is brought against the third party who is blamed for the loss of affection between the couple. These are basically civil tort claims and Houston, TX divorce lawyers (http://divorce.usattorneys.com/texas/) have been immersed in these types of divorces before.

These lawsuits can be brought against anyone whose intervention is responsible for the end of the marriage. For the most part, estranged spouses can bring the lawsuit against lovers. However, the mother in law, parents, clergymen, and therapists can be named in the lawsuit for even suggesting divorce. There could be client/doctor or worshiper/priest confidentiality issues here though so this lawsuit could be tough to bring and it is rare.

Some people just need to realize the marriage is over with and get over it. Both of you are not happy. If two people did not take a pre-marriage class and rushed into a marriage the chances of it being successful decrease. This is only logical and bears much fruit. To sue someone else because you did not plan your marriage properly seems childish to many people but it does happen.

Laws are different from One State to Another

Remember, there are only a few states where alienation of affection lawsuits are recognized. You will be able to file the lawsuit against the third party if you reside in those states. Many of these cases are brought by the dissenting spouse. 

Recent trends have shown that this law is fast becoming redundant. It remains to be seen if judges of the states that still allow this law take a similar stand. Southeast Texas divorce lawyers confirm that Texas is among the states that does not recognize alienation of affection lawsuits any longer. A spouse will have to file a divorce petition.

Many people believe this is funny considering how you plan on forcing someone to remain married to you when they do not want any part of you anymore.

How is alienation of affection proved in a court of law?

You will be asked to prove the following:

• You were living a happy married life which had an abundance of affection
• That affection and love was annihilated and alienated
• This alienation was the result of the third party’s malicious actions

An alienation of affection lawsuit does not work in Texas any more for a variety of reasons. If your marriage is collapsing you need a Houston, TX divorce lawyer which can be found on this marvelous website: http://divorce.usattorneys.com/texas/. Some people are not good at taking responsibility for their actions and want to blame someone else and it seems getting a divorce is no different. This type of lawsuit probably will not impress too many of your friends or family and that is something else to think about. If your marriage is failing in the Houston Astros or Rocket's city you need legal help for your divorce, you will not be able to sue anyone else because your spouse is miserable.

According to Houston, Texas divorce attorneys, the court does not want you to prove that your partner had extramarital sex. Instead, you must only prove the malicious conduct for which supposedly caused your marriage to fail.

What are the damages that can be claimed in an alienation of affection?

Damages can be claimed from the third party for loss of consortium which means spousal fellowship and affection, humiliation, mental distress, loss of financial and emotional support, health consequences and injuries. Spouses can also claim punitive damages which mean that the defendant will be financially punished for their “evil” meddling. Your divorce legal counselor can give you a good estimate of the scope of your damages.

What are your options of getting damages from the alienation of affection suit?

If you do not reside in one of the states that still have the alienation of affection law, you cannot file a lawsuit against a third party instigator. You will have to file for separation and divorce. You can hope to get alimony after division of your assets and property. However, if your partner has committed adultery, it may have an impact on your alimony depending on where you live. A handful of states see adultery as a major marital offense.

If you are eligible to file such as lawsuit, make sure to ask your Houston divorce lawyer what could happen in the event the other person claims that they don’t have the means to pay the damages, if you win the lawsuit.