Can I file a case under the homewrecker law?

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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 10 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.


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