You could sue your husband’s paramour for alienation of affection without being separated or divorced from your husband, but you may have a difficult time proving that the love and affection existing in the marriage was destroyed if you stay together, married, and in an intact family.
To be successful on a claim for alienation of affection, you must meet and be able to prove the following elements:
(1) You were happily married and there was a genuine love and affection between you and your spouse;
(2) The love and affection in the marriage was destroyed; AND
(3) The wrongful and malicious acts of the paramour produced the alienation of affection
For more information on alienation of affection and criminal conversation, check out our detailed article, Infidelity and Alienation of Affection.
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