What are ways in which a spouse would prove there was “genuine love and affection between you and your spouse” and that the 3rd party is the cause of that affection going away? An affair a lot of times is a symptom of greater issues within the marriage and did not cause the demise of the marraige. What would one use as proof that the 3rd part was to blame when the spouses already had issues before the 3rd party came into the picture?
Genuine love and affection between married persons is assumed unless they are separated.
then why does it say that the 3rd party must prove it existed? i don’t get it.
I am not sure what you are referring to. The defendant in an alienation suit would not be trying to prove the marriage was a happy one.
Sorry, I’ll try to be more specific. It says that if you are filing the claim you must prove that there genuine affection and that the 3rd party purposefully interfered. In my situation, the marriage was not a happy one at all and there was no affection which it seems like my diary would help to prove. But I’m wondering if my stbx were to file suit against the 3rd party, how he could prove that there was in fact genuine love and affection to counter what my diary says. Does that help?
Yes, I apologize I was looking at this from the “wrong side”. Your diary can certainly go towards proving there was no affection, however as I said in the first post, normally there is a presumption of affection between married folks.