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  1. #1
    Join Date
    Aug 2005
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    Chicago
    Posts
    5

    Default Alienation of Affection in Illinois

    Post subject: 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?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Alienation of Affection in Illinois

    The Illinois law of alienation of affection is as follows:
    Quote Quoting Illinois Statutes - 740 ILCS 5/0.01 et seq - alienation of affection
    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.
    That law severely restricts damages available in an alienation of affection lawsuit.

  3. #3
    Join Date
    Aug 2005
    Location
    Chicago
    Posts
    5

    Default

    what about the fact that he's a doctor who's done a sterilization procedure on her? Or took advantage of her since she confided in him while in post pardum depression? She's a nurse and he's a doctor, isn't there an ethical thing there? If I was the hospital board, I wouldn't want a OBgyne working there that has cheated on his wife with a patient, former or otherwise. I thought that was a nono?
    Don't I have anytihng?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Ethical Violations by Doctor

    He very well may have violated his ethical responsibilities as her doctor, and he very well may be subject to discipline by his licensing board if a complaint were filed.

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

    Default

    I think that I may have a case against the Dr then. I got a home equity loan against my house, for my wife, becase she had large debts, from "Depression Shopping". I got the loan and consilidated and/or paid off her debt. She pays that loan payment. If she decides she's not going to make that payment, I'd like to be able to take him to court and have him make that payment in my wifes stead. If it wasn't for him, she'd still be my wife and she'd be making that payment (of 1100 dollars a month).

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