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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default Illinois Alienation of Affection

    I currently live in illinois. my husband is having an affair with a woman he used to work with in NC- they have met in illinois on numerous occassions.
    this woman and I were "friends"> I often thought something was going on with them in NC, but husband denies anything happend until she no longer worked for him- due to job transfers. anyway, my husband stayed in contact with this woman, then did meet in illinois on several occassions- on one time she brought her kid to meet with him. he ended it in may of 2007, she called him in july 2007 and it started again. he filed for divorce in october- I know he is also guilty, but she has been after him for 5+ years and will not stop. she knows me, my kids, and this past year has been awful for my family. everytime I thought my husband and I were going to be able to start over- she contacts him, etc. she now lives in mississippi, and i think their plan is to have her move here when our divorce is final. I do not want that to happen- do I have any legal recourse under the alienation of affection law? I do believe my husband did want to save our marriage at first- we built a house, went to counseling, etc. now he just wants out of our marriage and believes that this other woman is the answer to everything. I have documentatin of cell phone bills, hotel receipts, gas receipts, etc.

    I would appreciate any information!

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

    Default Re: Alienation of Affection

    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
    Nov 2007
    Posts
    2

    Question Re: Alienation of Affection

    Quote Quoting aaron
    View Post
    The Illinois law of alienation of affection is as follows:

    That law severely restricts damages available in an alienation of affection lawsuit.
    what if I do not want any type of monetary damages- other than possibly the other woman paying court costs- I just want her to be held accountable- in public for what she has done. to be accountable and for people to get the message it is not ok to sleep with another person's husband. it is not about the financial aspect at all. it is about ethics and integrity. can a case still go forward in illinois just to have her found "guilty" of this?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alienation of Affection

    If you expect to get some sort of emotional epiphany by suing, go ahead and hire a lawyer and sue.

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