Can a wife sue her husband’s girlfriend regarding a divorce?

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Can a wife sue her husband’s girlfriend regarding a divorce?

I am filing for divorce; I was separated from my spouse for 2 years prior to meeting my girlfriend. My spouse and I have continued to live apart. She is threatening to have my girlfriend arrested for adultery or sued. Is this possible?

Asked on March 28, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think that I just asnwered the first part of your question indicating that Illinois is one of the states in the union that has in its criminal code a provision for adultery. The second part deals with alienation of affection laws.  And guess what: Illinois still has those laws on the books.  It sounds, though, that your girlfriend was not the cause of the breakdown of the marriage.  I would against seek legal help.  Good luck.


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