Intentional Infliction Of Emotional Distress And Divorce In Illinois by Russell D. Knight скачать в хорошем качестве

Intentional Infliction Of Emotional Distress And Divorce In Illinois by Russell D. Knight

Intentional Infliction Of Emotional Distress And Divorce In Illinois by Russell D. Knight Divorce in Illinois often brings out strong emotions and complex challenges, but the law takes a measured approach to behavior within marriage and after separation. In most cases, Illinois divorce courts do not consider misconduct when dividing marital property or awarding support. According to 750 ILCS 5/503(d), marital property is divided in just proportions without regard to fault, while child support and maintenance depend on income rather than conduct. Parenting time decisions under 750 ILCS 5/602.7(c) also focus on the child’s best interests, not disputes between parents, unless those actions directly affect the child. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610, United States (773) 334-6311 https://rdklegal.com/intentional-infl... https://www.google.com/maps?cid=13056... Still, some actions during or after a marriage may cause significant harm. In Illinois, a spouse or former spouse may seek justice through a civil claim for Intentional Infliction of Emotional Distress, also known as IIED. Under 750 ILCS 65/1, one spouse can sue another for a tort committed during the marriage. Courts have developed standards for such cases, requiring proof that the conduct was extreme, intentional, and caused severe emotional distress. This principle was outlined in McGrath v. Fahey, which defined outrageous behavior as that which exceeds all possible bounds of decency. The Illinois Supreme Court has further clarified this through key cases such as Feltmeier v. Feltmeier. In that case, a long pattern of emotional and physical abuse supported an IIED claim even within the context of marriage. The court rejected the idea that such conduct is simply part of domestic life, affirming that serious emotional harm deserves legal attention. Cases like Layne v. Builders Plumbing Supply Co. and Schweihs v. Chase Home Finance, LLC reinforce that not all unpleasant acts qualify; the behavior must be truly egregious. While proving emotional distress does not require professional testimony, as stated in Thornton v. Garcini, the claim must still show real and lasting impact. Financial misconduct, on the other hand, generally falls under fraud, and Illinois courts, such as in Weidner v. Karlin, have held that emotional damages are not recoverable in fraud cases. Defendants can also rely on their legal rights as a defense, as explained in Public Finance Corp. v. Davis, where asserting a lawful claim does not automatically create liability. Time limits matter as well. Under 735 ILCS 5/13-202, a two-year statute of limitations applies to personal injury actions, including IIED claims. However, through the continuing violation rule recognized in Belleville Toyota v. Toyota Motor Sales, ongoing patterns of abuse may extend this period until the last act occurs. These doctrines ensure fairness while recognizing the lasting nature of emotional harm in long-term relationships. This video explores how Illinois law balances fairness, accountability, and emotional well-being in divorce and post-divorce cases. By reviewing statutes and leading cases, viewers can better understand when behavior during marriage crosses into actionable territory and how the courts handle these sensitive issues. For guidance tailored to your situation, contact the Law Office of Russell D. Knight at 1165 N Clark St #700, Chicago, IL 60610, or call (773) 334-6311 to schedule a consultation today. Can you sue your spouse for emotional distress in Illinois? What are the elements of intentional infliction of emotional distress in Illinois? Can a wife sue her husband for emotional distress? What is needed to prove intentional infliction of emotional distress?