Is my sister-in-law able to take me to court over her husband’s alleged infidelity because he met a female friend through me?

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Is my sister-in-law able to take me to court over her husband’s alleged infidelity because he met a female friend through me?

I live in IL, where there is an Alienation of Affections law. Both my friend and my brother-in-law maintain that there was no inappropriate conduct when they were together, and that they’re friends. My sister-in-law doesn’t see it that way; it is in her opinion that I am responsible for breaking up her family. She has contacted my family to get information about my friend, and when asked, she refused to leave my family out of it.

Asked on February 13, 2011 under Family Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

That you casually introduce people and then have to worry about being sued is so ridiculous. Alienation of affection isa difficult action to win and requires in most states that the plaintiff show (1) love and affection of the alienated spouse for the plaintiff; (2) actual damages; and (3) overt acts, conduct or enticement by the defendant causing those affections to depart. Orbeta v. Gomez, 315 Ill.App.3d 687, 690 (2000). And many courts have added a willful intent requirement and some states have been Alienation of Affections Acts that limit the actions.  I think that your sister in law is grasping at straws.  But maybe you should speak with an attorney in your area should she start suit.  Good luck.


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