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To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) the defendant's malicious conduct contributed to or caused the loss of affection.

The problem is finding a place in the dating world. Women are turned off by men who show their physical interest on a first date. Men respond to women who show their physical interest in them on a first date.The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.As of 2016, six US states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah) recognize this tort.

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