Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Alienation Of Affection, in Illinois

    I live in Illinois. My husband started an affair with a woman. She knew we were married, and I appealed to her sense of morality, to back off and leave my husband alone. She didn't. We are now seperated, not legally. He is now living with her. Do I have a case for alienation of affection? Also, they started their affair in her sister and sisters boyfriends bar, and they knew he was married. Do I have a case against them for enabeling the affair?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Alienation Of Affection, Illinois

    what is "enabling an affair"? Owning a bar where people drink and do stupid things?

    Nah....

    Honestly, this has been removed from most legal codes.

    I remember a case in South Carolina (but they have adultery as a crime there) and one in Michigan... but your chances are beyond slim.

    Alienation of affection means that your husband had nothing to do with the affair's start... and that can easily be disproven in a court of law.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Alienation Of Affection, Illinois

    Well dip me in chocolate and call me a M&M... IL IS one of the handful of states that haven't yet abolished the whole alienation of affection part.

    Anyway, to prove it...

    To succeed on an alienation of affection claim, the “injured” spouse must show three things:

    • The marriage entailed love between the spouses in some degree
    • The spousal love was alienated and destroyed
    • The third party’s malicious conduct contributed to or caused the loss of affection


    It is often not necessary to show that the third party set out to destroy the marital relationship, but only that he or she intentionally engaged in acts that likely would impact the marriage.

    But the damages are severly limited...

    http://www.ilga.gov/legislation/ilcs...ections+Act%2E

    oh, and in the interests of truth... I should have said NORTH Carolina....

  4. #4
    Join Date
    Sep 2007
    Location
    Austin, Texas
    Posts
    65

    Default Re: Alienation Of Affection, Illinois

    Well dip me in chocolate and call me a M&M
    That sounds like the dessert one would have as part of a "forbidden lunch." (with apologies for cross-posting about something from another forum.)

    As for the OP's potential claim, I thought this was most relevant in reagrd to calculating damages:

    "none of the following elements shall be considered: the wealth or position of defendant or the defendant's prospects of wealth or position; mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff; defamation or injury to the good name or character of plaintiff or his or her spouse resulting from the alienation of affections complained of; or dishonor to plaintiff's family resulting from the alienation of affections."
    I'm sure this is what she wants "restitution" for and it looks like even though the cause of action exists, she would just spend a bunch of money on a lawsuit and end up lacking both money and satisfaction.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Alienation Of Affection, in Illinois

    I saw the same parts.

    Rather than just remove the law, the legislature just took all the teeth out of it.

    Apparently, the old saying is true... the legislature IS just made up of men and women... and these folks were both trying to pander to the voters while, at the same time, making sure that THEIR spouses couldn't nail em to the wall for a "Lewinski".

    1. Sponsored Links
       

Similar Threads

  1. Alienation of Affection: Alienation of Affection Under Illinois Law
    By LuckyD in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-24-2011, 06:44 PM
  2. Alienation of Affection: Alienation Of Affection In Illinois
    By Frances08 in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 03-31-2008, 11:25 AM
  3. Alienation of Affection: Illinois Alienation of Affection
    By belindaj in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 11-28-2007, 08:33 PM
  4. Alienation of Affection: Alienation of Affection in Illinois
    By Pressure in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 08-31-2005, 10:33 AM
  5. Alienation of Affection: Alienation of Affection in Illinois
    By mwmelton in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-23-2005, 07:34 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Divorce Lawyer
Facing divorce? Get a free consultation with a local divorce attorney.




Untitled Document