Alienation of affection/criminal conversation


#1

I am going to repeat something I mentioned in my very first post on this board, as it provides background for my question:

To add to the above, the entire topic of an “open marriage” first came into play because she had been spending a lot of time socializing with her boss after work, and an obvious attraction developed between the two of them. They did not have sexual relations that I know of, but I know they discussed it and there was an obvious emotional relationship. She confessed to me that he had tried to talk her into having an affair.

My question is - would seeking any sort of damages against either her boss (based on alienation of affection laws) or her lover (based on alienation of affection and/or criminal conversation) potentially be worth my time/money? I believe she is still with her lover, which in my understanding is enough evidence to prove that they were together before the date of separation.

I always thought this sort of thing was petty, but she left me in a very rough situation here. As always, thoughts are appreciated.


#2

The fact that they are still together is not enough, on its own to prove alienation of affection. You will need to prove that you had a happy marriage and that but for the acts of this third party, the marriage, and the affection in the marriage would have remained intact.


#3

Well that’s subjective, isn’t it? I suppose a logical argument on her part would be that we weren’t happy for a long time (whether we were or weren’t) and that the third party had absolutely nothing to do with alienating our affections. I suppose that answers my question about this being worth my time.

How does anyone ever win these cases?


#4

Actually, just showing that you remained living as husband and wife is usually enough for the court to presume there was affection in the marriage, the problem I see in this case is that you agreed (no matter how reluctantly) to the marriage being open. I cannot say for sure how a jury would view that fact.