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What evidence needed for successful alienation of affection?

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  • 03-15-2005, 01:10 PM
    aloflin
    What evidence needed for successful alienation of affection?
    What do I need to assure my case is successful against the "other woman" that my husband has had affair with for almost 3 years? I confronted him about the affair in November of 2003 and left him. WE reconciled in January of 2004, with him saying that he wanted to stay in our marriage and that it wouldn't happen again. Now I find out (in January 2005) that he is back in the affair with the same woman and I KNOW that it has been going on since at least September 2004. I have cell phone records, voicemail messages and 2 videos of his truck parked outside her apartment. Would this be enough evidence?

    Forgot to mention that this is all taking place in Mississippi.
  • 03-15-2005, 02:56 PM
    aaron
    Alienation of Affection - Mississippi
    Under Mississippi law, to prove a case of alienation of affection in relation to a marriage the plaintiff must establish (1) wrongful conduct of the defendant; (2) loss of affection or consortium; (3) causal connection between such conduct and loss. Bland v. Hill, 735 So. 2d 414, 417 (Miss. 1999); Saunders v. Alford, 607 So. 2d 1214, 1215 (Miss. 1992). The plaintiff must show a direct interference by the defendant sufficient to establish to the finder of fact that the alienation of affections was caused by the defendant's conduct, and that the defendant's conduct damaged the plaintiff's marriage. Bland, 735 So. 2d at 419.
  • 03-15-2005, 03:22 PM
    aloflin
    Where do I find?
    I'm pretty new to this, so forgive me....
    How do I look up (view) the cases you referred to?

    Thank you so much...you've given me much more confidence in my case!
  • 03-15-2005, 06:51 PM
    aaron
    Mississippi Case Law
    You can look up cases from 1996 through the present on the Mississippi Supreme Court website. For the 1992 case, you will likely either have to look in a law library (where a bound copy will be available - within a set of books called a "case reporter") or obtain a copy for a fee through a service like WestLaw or Lexis.

    For looking cases up in a case reporter, the first number is the volume number, the middle letters identify the reporter, and the last numbers are page numbers. So 734 So. 2d 414, 417 means Volume 734 of the Southern Reporter, Second Series, with the case starting at page 414 and the relevant material on page 417. A law librarian should be able to assist you with any research. You can find cases online through the citation alone (e.g., using a "find case by citation" feature and typing in "734 So. 2d 417" would ordinarily bring up that case starting at page 417).
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