Can I file a case under the homewrecker law?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file a case under the homewrecker law?
I live in IL.
Asked on August 20, 2010 under Family Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unlike the majority of states, IL still allows a suit to be brought for "alienation of affections". In order to win such a case, a plaintiff (the innocent spouse) must prove that the defendant’s actions were the sole, proximate, cause of the break-up of the marriage. The test the court uses is whether or not the spouse’s love and affection for the plaintiff just naturally drifted away or whether the defendant's conduct was the cause. Alienation of Affections lawsuits usually carry little financial value; damages are limited to actual damages and there is no award for pain and suffering or emotional distress.
At this point you should consult with a divorce attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.