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Mike, Lawyer
Category: Family Law
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Experience:  Family law experience and many years of legal analysis and research
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In the state of Illinois there is a law called ...

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In the state of Illinois there is a law called Aleination of affection. My question is can this law still be used if you are still trying to work things out with your husband for the sake of the children.
Yes, here is the law:

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.
Customer: replied 8 years ago.
I don't understand legal terms. Does this mean yes I still can file aleination of affection form?
Yes, you need to hire an attorney, or your petition could be dismissed. This way you will preserve your rights.
Customer: replied 8 years ago.
I was pregnant when this woman began approaching my husband and asking him to have fun with her and then started showing up at his work on weekends when he was the only one there. This sexual affair continued even after she found out I was exspecting my second child she never stopped. I got pregnant in January 07 and the affair started in March 07. He asked her to stop calling him, but she didn't. He lost his job and benefits not to mention Doctor and counciling bills racked up. My question is will this help my case for aleination of affection?
That would fit the definition of the type of case you want to pursue.

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