Alienation of Affection in Illinois
Can alienation of affection charges be filed in the following situation?
My husband and I are living apart, he in Illinois and I in Arizona.
He and I would speak on the phone almost every day until I went back home to Illinois for a suprise vist on Christmas Eve. When I got there he told me he didn't want me there and told me to leave, I was shocked. I didn't realize it but his girlfriend was there. Since then, he has sent me valentines cards, e-mailed me and talked about moving to Arizona with me. He had an airline ticket and had calle dabout several jobs in Arizona. I found out from a friend that he was still seeing this same woman. I called and left him several messages and told him I knew he ws still seing her. He then changed his phone number at our home.
My husband accidently forwarded an e-mail to me with her name on it.
I e-mailed her and told her we were trying to work things out. she continued to see him.
He recently started e-mailing me again and asked me to please be patient and we would be back together. After this I find out he has taken this woman around our grandchldren, to his families homes and she stays in my home (which is still in my and my husbands name) with him 3 or 4 nights a week. I know her name and license plate number but I do not have her address. She is still seeing him even after I sent her another e-mail.
Do I have just cause to file a lawsuit in Illinois?
Alienation of Affection in Illinois
The Illinois "Alienation of Affection" law is as follows:
Quote:
Quoting 740 ILCS 5/0.01 et seq
Sec. 0.01. Short title. This Act may be cited as the Alienation of Affections Act.
Sec. 1. It is hereby declared, as a matter of legislative determination, that the remedy heretofore provided by law for the enforcement of the action for alienation of affections has been subjected to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions and by leaving any punishment of wrongdoers guilty of alienation of affections to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive, or aggravated damages in actions for alienation of affections. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination.
Sec. 2. The damages to be recovered in any action for alienation of affections shall be limited to the actual damages sustained as a result of the injury complained of.
Sec. 3. No punitive, exemplary, vindictive or aggravated damages shall be allowed in any action for alienation of affections.
Sec. 4. In determining the damages to be allowed in any action for alienation of affections, 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.
Sec. 5. This act shall apply to all actions for alienation of affections begun after the effective date of this act, even though the alleged alienations of affections on which the action is based occurred prior to such effective date.
Sec. 6. Nothing herein contained shall be deemed to repeal or amend any provisions of the criminal laws of this state.
Sec. 7. This act shall be liberally construed to effectuate the objects and purposes thereof and the public policy as herein declared. If any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. If the application of this act, or any part thereof, to any person or circumstance shall be adjudged by such court to be invalid or ineffectual for any reason, such judgment shall not affect the application of this act, or part thereof, to any other person or circumstance.
To justify a suit, you would benefit from considering what your actual damages are. You might also wish to consider if the defendant is able to pay any judgment you obtain.