McLean County Divorce -- Bloomington Law Group LLC: No More Alienation of Affection Lawsuits in McLean County (New IMDMA, Pt. 1)

Saturday, August 10, 2013

No More Alienation of Affection Lawsuits in McLean County (New IMDMA, Pt. 1)

If House Bill 1452 turns into law, it will abolish law suits know as alienation of affection lawsuits in Bloomington Illinois. The main idea behind these suits is that if it were not for a third-party coming along and seducing the spouse away from the other spouse, the marriage would have gone on in bliss. These lawsuits are very difficult to win, and are seldom brought. Below is the explanatory language in the Bill that discusses alienation of affection and the changes that will be made. If you have any questions about divorce or family law issues in Bloomington Illinois, contact Bloomington Law Group LLC at 309-319-6206.

1. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act.
2. Society has since recognized that the amicable settlement of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage. Heart balm actions are inconsistent with these purposes. 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. Although the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act represent attempts to ameliorate some of the more odious consequences of heart balm actions, the General Assembly finds that actions for alienation of affections, breach of promise to marry, and criminal conversation are contrary to the public policy of this State and those causes of action should be abolished.

Best Regards,

Jon D. McLaughlin

Bloomington Law Group LLC

Flanagan State Bank Building

2401 East Washington Street

Bloomington Illinois 61704

Skype: jmclaug2

facetime: jondwainmclaughlin@gmail.com

Blog: www.McLeanCountyDivorce.Blogspot.com

www.BloomingtonLawGroup.com

Jon@BloomingtonLawGroup.com

Office: (309) 319-6206

Cell:(309) 433-5034

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Bloomington Illinois Divorce Attorney -- Jon D. McLaughlin

I grew up in Provo, Utah, but moved to Oklahoma in order to finish my bachelor’s degree in philosophy and ancient greek at Oklahoma State University. I then attended law school at the University of Illinois. While in law school, I was an Associate Editor of a journal published by the university. Also during this time, I worked for law firms in Tulsa, Oklahoma, and Indianapolis, Indiana, and for the Honorable Joe McDade (a Federal Judge, sitting in Peoria).

While still in law school, the Illinois Supreme Court allowed me to practice law and represent clients under Rule 711. This allowed me to gain valuable experience, early on, that has served me well in my subsequent practice.

After law school, I moved to Bloomington, Illinois, and have been practicing law here since that time. While I have handled business transactions and litigation in the past, some involving more than $10,000,000, I now limit my practice to family law matters. I handle divorce, custody, child support, visitation, and other matters that require the court’s attention. I have had much success in getting my clients promising results because of my firm and aggressive approach.

I am a Guardian ad Litem, which means that the courts appoint me to investigate child custody, visitation, and other matters. These appointments have helped me become a better advocate for children and to toughen my position in fighting for my clients.

I am a Mediator, approved by the Eleventh Judicial Circuit of Illinois, to conduct court-ordered Custody Mediation for parties who are in the midst of custody and/or visitation disputes in the Bloomington-Normal area. In addition to being certified to mediate custody and visitation issues, I am also certified to mediate financial issues in divorce and family law cases in McLean County. These issues include Child Support, Maintenance (Alimony), the assets and debts of the parties, and other matters relating to the financial side of family law cases. I am also a member of the Mediation Council of Illinois. Due to my experience in the area, I am able to advise my clients as to how they can achieve the best results in mediation. In the Eleventh Circuit, mediation is mandatory in visitation and custody disputes. Therefore, it is important to be well-advised when participating in mediation and negotiating a possible resolution to your case.

The majority of my cases are tried in McLean County; however, I also practice in other surrounding counties.

Associations and Memberships: McLean County Bar Association (Treasurer, 2009-2010); ABC Counseling (Board of Directors, 2009-Present); Illinois State Bar Association.

Publications: Mandatory Arbitration Clauses in Employee Manuals, 44 Lab. & Emp. L. (Ill. Bar Assoc., Springfield, Illinois), December 2006; Extinguishing Pension Plans by Partial Termination & Aggregation, U. Ill. J. Bus. L. Soc’y (Feb. 1, 2007); What Relevance Does The ADA Have To HIPAA-Regulated “Bona Fide Wellness Programs”?, U. Ill. J. Bus. L. Soc’y (Feb. 10, 2007); Damages in Delayed Construction Claims, 36 Colo. Law. 17 (March 2007); Disciplining Attorneys and Other FSLA-Exempt Employees for Attendance Problems, Ill. Bar J. (Nov. 2007); Using Altman's Z-Score to Synchronize the Watches of Courts, Directors, Creditors, and Shareholders, 31 Hamline L. Rev (August 2008). Asked and Answered: Will I Lose my Stepchildren?, Ill. Bar J. (Jan. 2009).

Presentations: Surviving Divorce: Financial Implications, Money Smart Week (Illinois) (Bloomington, Illinois, April 8 and 9, 2008); Will Your Loved Ones Be Left Out, Financial and Legal Challenges Faced by the LGBT Community (Bloomington, Illinois, September 25 and 27, 2008).

I am married and have two energetic and beautiful daughters.