Illinois Complaint for Alienation of Affections
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How to fill out Complaint For Alienation Of Affections?
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FAQ
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.
Generally speaking, with a homewrecker law, one spouse can sue the person their spouse cheated on them. Six states, including Illinois, still have homewrecker laws on the books, but they are controversial laws since it seems illogical that one person can own the affection of another.
Defenses Lack of knowledge that the adulterous spouse was married. The marriage was an unhappy marriage. The sex was consensual. The defendant was seduced. The Plaintiff had engaged in adulterous affairs (although that may reduce the damages) The sex had no effect on the marriage.
However, these cases are extremely difficult to prove, let alone win. It's for this reason that many attorneys often refuse to take these cases.
The person filing an Alienation of Affection lawsuit must show 3 things: The person and their spouse were married and a genuine love and affection existed between them. The love and affection was alienated and destroyed. The wrongful and malicious acts of the third party alienated the affection of plaintiff's spouse.
Alienation of affection cases are 'very prevalent' To have a chance at winning the lawsuit, a cheated-on spouse should be able to show the couple was happy before the affair and a lover came between them. In other words, that a third party got in the way of the relationship and caused its downfall.
Seven U.S. states currently allow civil tort claims for ?criminal conversation? or ?alienation of affection.? However, Illinois is not one of them. You cannot sue your spouse's boyfriend or girlfriend for the damage he or she caused to your marriage.
Evidence that may strengthen the claim includes photographs depicting a loving bond between the married couple, testimony from friends and family regarding the strength of their relationship prior to the affair, and cards, notes, texts, etc.