The innocent spouse seeking damages must prove the following three elements: There is only one defense to criminal conversation; the spouse who was cheated on encouraged or consented to the adulterous affair before it took place.To prove alienation of affection, the plaintiff must show the following elements: As with criminal conversation, you must file suit for alienation of affection within three years from the date the last wrongful act occurred.Subjects such as child custody and support, property division, spousal support, and possession of the marital residence may be agreed upon in a formal separation agreement.

This civil action can even be brought against a mother-in-law, for example, who advised the husband or wife to leave the marriage.

As stated above, innocent spouses can recover both compensatory and punitive damages.

What if my spouse does not abide by the terms of the separation agreement?

A separation agreement can be enforced by a court order.

Never sign a contract without understanding the meaning and the legal impact of each provision.

What if my spouse refuses to sign the separation agreement?

Criminal conversation requires solid proof that your spouse engaged in sexual relations with the third-party defendant.

Most commonly, evidence of adultery is obtained by hiring a private investigator to photograph or videotape the affair.

This is very different from a criminal case, which is tried in a criminal court by the state or some other public official.