Kathy Posted February 22, 2007 Share Posted February 22, 2007 Has anyone ever used this in court? Would like to hear your experiences if you have. Also interested in knowing any details or laws pertaining to this in Illinois. Link to post Share on other sites
had3nuff Posted February 22, 2007 Share Posted February 22, 2007 The Illinois law of alienation of affection is as follows: Quoting Illinois Statutes - 740 ILCS 5/0.01 et seq - alienation of affection Sec. 0.01. Short title. This Act may be cited as the Alienation of Affections Act. Sec. 1. It is hereby declared, as a matter of legislative determination, that the remedy heretofore provided by law for the enforcement of the action for alienation of affections has been subjected to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions and by leaving any punishment of wrongdoers guilty of alienation of affections to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive, or aggravated damages in actions for alienation of affections. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination Sec. 2. The damages to be recovered in any action for alienation of affections shall be limited to the actual damages sustained as a result of the injury complained of Sec. 3. No punitive, exemplary, vindictive or aggravated damages shall be allowed in any action for alienation of affections Sec. 4. In determining the damages to be allowed in any action for alienation of affections, none of the following elements shall be considered: the wealth or position of defendant or the defendant's prospects of wealth or position; mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff; defamation or injury to the good name or character of plaintiff or his or her spouse resulting from the alienation of affections complained of; or dishonor to plaintiff's family resulting from the alienation of affections Sec. 5. This act shall apply to all actions for alienation of affections begun after the effective date of this act, even though the alleged alienations of affections on which the action is based occurred prior to such effective date Sec. 6. Nothing herein contained shall be deemed to repeal or amend any provisions of the criminal laws of this state Sec. 7. This act shall be liberally construed to effectuate the objects and purposes thereof and the public policy as herein declared. If any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. If the application of this act, or any part thereof, to any person or circumstance shall be adjudged by such court to be invalid or ineffectual for any reason, such judgment shall not affect the application of this act, or part thereof, to any other person or circumstance That law severely restricts damages available in an alienation of affection lawsuit. I found this on other website. Hope it helps. Link to post Share on other sites
Guest Posted February 22, 2007 Share Posted February 22, 2007 This law while sounding good rarely works when going after the OP. I'm sorry. Most everyone I know who has tried it is missing the point anyway. They go after the OP instead of dealing with their spouse who made vows to them. In turn it gets nasty because there is usually something the WS has withheld from the betrayed partner that comes out. Some WS even encourage it because it takes the focus off of them and they now have a common enemy. It's a waste of time. Link to post Share on other sites
Recommended Posts