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Can I Sue My Spouse’s Mistress for Causing My Divorce in Illinois?

Posted on in Divorce

DuPage County divorce attorney infidelity

Going through a divorce is never easy. Rightfully so, going through a divorce caused by an affair can be even more heart-wrenching. If you discover that your partner was cheating on you during your marriage, you may experience trust and loyalty issues in future relationships. Additionally, you may also believe that your spouse’s mistress caused this, and therefore you wish to take legal action against her. Within the state of Illinois, an individual may file a civil tort claim for alienation of affection or criminal conversation against the mistress. In this type of claim, the individual may sue the person who ruined her marriage and ask the judge to award damages based on mental disruption, humiliation to the public, and loss of support and/or wages from her spouse.

Criminal Conversation

Despite its name, criminal conversation is a civil case brought up in civil court where the defendant will not face criminal charges or jail time if convicted. Criminal conversation requires ample evidence, and in this case, the individual suing the spouse’s mistress must prove that adultery happened during the duration of the marriage. Such evidence includes pictures and/or videos that are gathered with the help of a private investigator.

Alienation of Affection

Within alienation of affection, you do not need to prove your spouse had intercourse with his or her mistress during your marriage, but rather that she simply caused alienation between you and your spouse. Typically, this claim is brought against a mistress, but can also be used against anyone else you believe was responsible for the end of your marriage. This includes therapists, counselors, and/or family members.

To prove alienation of affection, you must show that:

  • You and your spouse were legally married.

  • You and your spouse had a devoted marriage filled with genuine love and affection.

  • The love and affection you shared were alienated and ruined.

  • You were damaged in some way (physically, emotionally, or mentally).

  • The mistress’s wicked actions directly lead to the end of your marriage.

Contact a Wheaton Divorce Lawyer

If your marriage has ended due to an affair, you may be able to file a lawsuit against your spouse’s mistress. At A. Traub and Associates, we will help you understand your options surrounding your unique situation, and work alongside you to tackle any issues involving your divorce. Contact our qualified and compassionate DuPage County divorce attorneys by calling or texting us today at 630-426-0196.



Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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