Alienation Of Affection

Question Details:

I live in Illinois were this law is still on the books. I wanted to know if I have a chance winning this case. I have been with my husband for 18 years. We had a very happy marriage. Everybody around was absolutely in shock that he asked for a divorce. We have twin boys, we went through fertility treatments for three years together. We have lived in 5 houses together and have a beautiful dog for twelve years. Out of the blue he asked for a divorce. He tells me he fell out of love with me, well I find out there has been a woman there since May.

Asked 10/22/2009 under Divorce, Marriage, Alimony | 523 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

To prevail in an alienation of affections lawsuit, a plaintiff must prove that the defendant’s actions were the sole, proximate, cause of the break-up of the marriage.  The test was explained by one court this way: "We must determine whether (the spouse’s love and affections for the plaintiff) just drifted away (whether the spouse) voluntarily floated them away, (whether the spouse) voluntarily floated them away, or whether the defendant pirated them away.  The liability of the defendant must rest upon the last of these three alternatives".

Alienation of Affections lawsuits usually carry little financial value; damages are limited to “actual damages,” there is no award for “pain and suffering” or “emotional distress.”

At this point you should consult with a divorce attorney in your area.

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