Gardi, Haught, Fischer & Bhosale LTD.

Illinois Repeals Heart Balm Acts for Alienation of Affection and More

By Gardi, Haught, Fischer & Bhosale LTD
April 12, 2016
hearofbalms

A broken heart used to be able to lead to a lawsuit, but on January 1, 2016, a new law went into effect, which abolishes all of Illinois’ “heart balm” acts. These statutes were designed to ease the broken heart of the plaintiff after a rocky romantic entanglement, and allowed civil suits alleging alientation of affection, breach of promise to marry, and criminal conversion (adultery) under common law.

These laws have been on the books since 1947, but their abolition will take these disputes out of the courtroom and eliminate potential expensive and contentious lawsuits. Also, the repeal recognizes a change in society. As stated in IL HB1452 itself, “society has also realized that women and men should have equal rights under the law. Heart balm actions are rooted in the now-discredited notion that men and women are unequal.”

The number of lawsuits brought with these “heart balm” acts were minimal, and allowed limited damages. Illinois was one of nine states in the U.S. to have acts like these. Now the statutes can only be found in Hawaii, Mississippi, Missouri, New Hampshire, New Mexico, North Carolina, South Dakota, and Utah.

“Alientation of affection” was the most common heart balm act. Victims of spousal infidelity could bring a lawsuit against the third party who interfered in the marriage. The plaintiff would have to prove that the defendant engaged in wrongful conduct and that it was the reason for the loss of affection in the marriage.

Another cause of action, “breach of promise to marry”, was allowed when a person broke an engagement of marriage. The final “heart balm act” related to “criminal conversion”, which is a legal term for adultery. Just as in “alientation of affection”, the suit could be brought against the third party who interefered with the marriage.

While the “heart balm” acts are gone, the need for legal advice in matters of the heart is still prevalent. If you need consultation about dissolving a marital relationship, the experienced professionals at Gardi, Haught, Fischer & Bhosale LTD can walk you through divorce in Illinois. Please request a case evaluation below.

Request A Case Evaluation

Client Testimonials

heading-bottom-graphic
I just wanted to share that I had an excellent experience with Gardi, Haught, Fischer, & Bhosale and more specifically Thomas Haught. Everything went great and I am even more convinced that one does not need a real estate agent to buy a house when you have a good lawyer!
Our team partnered with Gardi, Haught, Fischer, & Bhosale LTD. on a recent transaction, and we appreciated their dedication and professional approach to closing the deal. We’re looking forward to more successful collaborations ahead
We just had great experience with Tom Haught and his paralegal Courtney Kropf. The communication is clear and fast. All emails were replied within 30 minutes. We will definitely work with Tom Haught again.
Was recommended to them from my company. They did an excellent job and always answered all my questions. Were always upfront with all things and made sure I understood everything that was explained to me.
We used the law firm during the sale of our house. We dealt with Mr Haught and Courtney, who made the process very smooth. They were professional, yet very friendly to deal with.I would not hesitate to recommend them to my family and friends.
Our immigration experience with Ann Fischer has been amazing! She has been meticulous, organized and worked on our case in a timely manner. Ann and her team went above and beyond to address all of our concerns and provide a personalized support which made a significant difference during our stressful time.I highly recommend her services to anyone seeking legal representation for their immigration matters.
We have used Tom Haught for two home purchases and one sale over the years and continue to be impressed by his professionalism, responsiveness, and thoroughness. Reasonable pricing too. Highly, highly recommended.
Gardi, Haught is one of professional firm, I have been with G&H since last 8 years in all legal matters.RegardsWaseem Chaudhry
Tom and his dedicated crew recently helped me close on a commercial property, and I must say they did an exceptional job! Throughout the entire process, they were incredibly responsive, attentive to detail, and a pleasure to work with. Their professionalism and expertise made the transaction smooth and efficient. I am thoroughly impressed with their performance and definitely plan to work with them again in the near future. I highly recommend Tom and his team for anyone in need of real estate services!
js_loader

Request a Consultation

heading-bottom-graphic

related articles:

heading-bottom-graphic
Category