I’ve been married for 15 years. Early on, it was a happy marriage, despite his mother hating me and being vocal about it. She had moments of tolerance but has never approved of me as a wife. It’s horrible now, he puts her before me and sides with her on every topic. My mother has spent thousands helping us financially, she has never helped. She did recently purchase a car for him, its in her name but he drives it for work and she has forbidden me to drive it. It’s on my insurance policy due to it being kept in NC, and the insurance company told me I am legally ok to drive it. She has always bought him gifts for birthdays and Christmas and intentionally leaves me out. I hate him for allowing her behavior, and not insisting that she respect me. She doesn’t have to like me. He won’t even talk to her in my presence, it’s always done privately. I’ve recently learned that when he visits he goes dancing and partying with her friends (who are my age). He has come home with scratches down his back that he claims he did himself in the shower. My gut tells me something is t right but I have no proof. I do have unusual numbers being called and texted from his cell phone, I get a detailed statement from T Mobile.
How does one go about proving alienation of affection in this situation? What sort of proof is needed?
In order to prove alienation of affection, you must prove three things: (1) you and your spouse were happily married and genuine love and affection existed between you, (2) the love and affection was alienated and destroyed, and (3) your mother in-law’s actions were wrongful and malicious which produced the alienation of affection.
You must prove these elements by a preponderance of the evidence. This would be proven largely by your testimony and any evidence of a happy marriage then vs. a marriage without love and affection now and any evidence proving the actions of your mother in-law.
Check out our article Infidelity and Alienation of Affection for more detailed information on this topic.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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