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  1. #1
    Join Date
    Jul 2009
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    Default Illinois Alienation of Affection and Abuse

    My question involves alienation of affection law for the State of: Illinois

    If a wife had been sexually abused by her husband for years (with him admitting such actions in writing), can the husband bring suit and have a likelihood of succeeding if the wife had an affair and subsequently filed for divorce? What if I suspect the affair occurred before she filed but cannot prove sexual relations prior to filing but can show they were in contact? We were all friends so it's hard to prove a given call was between the two of them. What sort of damages are available? Can the costs of my divorce (i.e. legal fees, etc.) be awarded to me?

  2. #2

    Default Re: Illinois Alienation of Affection and Abuse

    The affair will likely be insignificant. Illinois abandoned rape shield laws between spouses, so if there is admission of the felony of rape, especially multiple charges, the husband should be more concerned about how much potential prison time he's looking at, if the wife chooses to report such. And if it comes out in the divorce, rape typically will trump other issues.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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