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  1. #1
    Join Date
    Jan 2011
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    Default How Does Alienation of Affection Work

    My question involves alienation of affection law for the State of: Utah, how do I find an attorney in Utah that will take this kind of case and what do I need to be able to pursue someone for sleeping with my husband while I was at work and my kids were in their bedroom. Do I have to divorce him before I can start the suit?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Does Alienation of Affection Work

    Per this case,
    Quote Quoting Heist v. Heist, 46 N.C. App. 521, 265 S.E.2d 434 (1980)
    In order to sustain a cause of action for alienation of affections, the plaintiff must show the following facts:
    (1) that she and her husband were happily married and that a genuine love and affection existed between them;

    (2) that the love and affection so existing was alienated and destroyed;

    (3) that the wrongful and malicious acts of defendant produced and brought about the loss and alienation of such love and affection....
    The wrongful and malicious conduct of the defendant need not be the sole cause of the alienation of affections. It suffices, according to the rule in a large majority of the cases, if the wrongful and malicious conduct of the defendant is the controlling or effective cause of the alienation, even though there were other causes, which might have contributed to the alienation. [Citations omitted; emphasis added.]
    You find a lawyer by searching the web or phone book for law firms that take this type of case, calling them, and asking them to review your case. You may be able to get assistance from the state bar's referral service.

    If you're still married to your husband, I don't see how you can prove that the love and affection between you and your husband has been destroyed.

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