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  1. #1
    Join Date
    Feb 2005
    Location
    Ohio
    Posts
    2

    Default Alienation of Affection

    I had an affair with a woman who resides in a state that recognizes this law.We had an affair in a state that does not recognize it.I reside in a state that also does not recognize it.We have never had sexual relations in the state within she resides.I've actually never stepped foot in it.

    So,they are now sperated and in the process of divorce.They have been separated over a year now.He is sueing her for alienation of affection.However,their marriage was over before I came into the picture.She says there was no love or affection and that they also never slept in the same bed.This is one of them try to make it work for the childs sake marriages.

    My question is how strong of a case does it sound like he has? The woman and I still communicate,but we are not in love and I in no way stole the little,if any,affection she had for him.However, I would like to see her again.

    I should also add that from what I have gathered any actions of either party are relevant up to a year and one day of separation.Well he now has a new woman and has had since well before that one year mark.

    Thanks for any feedback

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Suing Spouse?

    He is suing his own spouse for alienation of affection? That's an action normally filed against a third party. In which state was the action filed?

  3. #3
    Join Date
    Feb 2005
    Location
    Ohio
    Posts
    2

    Default

    Thanks for the reply Aaron.The suit was filed in ILL. I reside in IN.

    The info I am relaying to you is info that was given to me by her.She said she was served papers two days ago and was being sued for "alienation of affection" .A law that I myself had never heard of and really do not understand.

    Makes me wonder why one can be sued for alienation of affection only, when marriage contains may other vows.Sounds like one should be able to sue if the marriage doesn't work, since after all the vows state "til death do us part"

    If he is trying to bring out a suite against me I do not know.I have no idea who he is.I don't see how it would be possible,but then again I never heard of this law in the first place.I would think the act would have to take place within the state(s) that have this law and it did not.

    I do not agree with what happened between us,but even more so I do not agree in this law that I am learning a lot about either.

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Alienation of Affection in Illinois

    Illinois has severely restricted damages available in an alienation of affection lawsuit.

    Illinois case law sets forth the following definition of alienation of affection:
    Quote Quoting Orbeta v Perez, 315 Ill. App. 3d 687;733 N.E.2d 1287 (2000)
    A cause of action for alienation of affections consists of three elements: (1) love and affection of the alienated spouse for the plaintiff; (2) actual damages incurred by the plaintiff; and (3) overt acts, conduct, or enticement on the part of the defendant causing those affections to depart. Coulter v. Renshaw, 94 Ill. App. 3d 93, 95, 49 Ill. Dec. 635, 418 N.E.2d 489 (1981).
    So I remain at a loss as to how one could sue one's own spouse for alienation of affection.

  5. #5
    Join Date
    Aug 2005
    Location
    Chicago
    Posts
    5

    Default Alienation of Affection in Illinois

    My wife had an affair with a doctor (he's an OBgyn), she was a nurse, he did her sterilization procedure so she couldn't have kids anymore (we have 4 with the oldest 5yrs old), She has been diagnosed with Post Pardum depression since she started having kids, and was just coming out of it when the affair started. I may want to hold this card just in case, I want to suit him for Alienation of Affection. I'd also like to go to the hospital board and get him fired or ejected from his practice based on unethical stuff (I don't know). He's married with 2 teens, he's also 15 years older than she is. Do I have any leverage?

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