Few Chicago litigation attorneys are aware that Illinois is one of eight states that allows for Alienation of Affection lawsuits. Alienation of Affections lawsuits are rare and they are difficult to establish because it is comprised of many elements and the defense has many avenues to challenge each element and the overall claim. However, a plaintiff does not need to establish tawdry details such as proof or extramarital sex to establish a claim.
Intent to destroy a marriage is not an element. A plaintiff need only show that the actions of the defendant were intentional and that they should have reasonably foreseen that these actions would negatively impact the marriage. Thus, a common defense to alienation of affection suits typically involve a lack of knowledge that the spouse was in fact married or a lack of intent to amorously engage with the spouse at all. This can involve willful blindness or allegations that the interloper was not an active or aggressive suitor. It is not a defense that the non-innocent spouse consented to defendant’s conduct. Prior marital problems only work as a defense if the marital issues can be shown to negate any love between the spouses.
Plastic surgeons beware.
For additional details: The Indy Star