I have been married for 32 years. Then I met Grant after being friends for 2 months we started an affair for almost three months. In the meantime I filied for divorce as Grant was having issues with me being married and I fell in love with him. He led me on talking about possible marriage, furture retirement benefits for me and even asked if I would sign a prenup. HE intorduced me to many people in 4 different states as his girlfriend and admitted we were more than friends. I have an email and valentine card stating he loves me, and a picture of us together, I could even get motel receipts fro different states. In the meantime he has decided that he wants to only to be friends. Told me he does not love me and we never had a romantic relationship and brutally dumped me. He has property and a good job with retirement. He is afraid that my soon to be ex husband will file an alienation of affection suit against him in south dakota. I'm considering having him do this as he led me on then destroyed my life. would we have any chance at this or should I just drop it?
State/Country relating to question: South Dakota
Thank you for allowing me to assist you.
In South Dakota, a successful Alienation of Affection lawsuit requires more than an affair. It requires that the person that's being sued set out on a calculated course to woo a married person out of their marriage. For alienation of affection, there has to be intent to break up the marriage.
The spouse filing the suit must also prove the existence of affection at the time of the affair and a direct cause-and-effect relationship between the other person's actions and the loss of that affection.
You may have that evidence since Grant broke it off after you left your husband.
However, where the evidence exists, people have been known to collect six figure judgments.
I'm still residing with my husband but filed for divorce 30 days ago. Grant broke it off today. The only issue is Grant knows I was not in a happy marriage, so I was easy prey.
Grant told me about another marriage he tried to unsuccessfully break up, so I'm not the first. would this help?
If your marriage was already doomed, the lawsuit would not work. If you can show that your marriage was working (even if imperfect) then it might.
I was unhappy in my marriage, but it was still working. Grant told me about another marriage he tried to unsuccessfully break up, so I'm not the first. would this help?
Possibly. Generally, prior acts are not admissible to prove that someone engaged in a different act, but there are exceptions. One could argue that this is evidence of his intent. It would be up to a judge whether that would be permissible.
One other potential problem - if Grant does not have assets or money to enforce a judgment against him, it may be hard to get a lawyer to take the case on a contingency basis.
He has land and a very good job with a built up retirement and other assests. He has been afraid that this would happen.
plus he couls inherit quit a bit
Well, then your next step is to hire a good lawyer. Hopefully someone will be willing to take it on a contingency basis so you don't have to pay hourly, as that can be very difficult to do.
thank you, i will consider it and if its worth the embarrasement.
I have practiced family law for more than 14 years, focusing on child custody and domestic violence
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