ROCKFORD, Ill. (WTVO/WQRF) — You may be surprised to find out that there are certain locations in the United States, where a person who is having an affair with a married person can be sued under the claim of alienation of affection and/or criminal conversation.

Currently, the tort of alienation of affection is available in six states including Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

In order to claim legal victory, the plaintiff or person who has been cheated on would have to prove 1. There was love in the marriage; 2. That love was alienated and destroyed; and 3. The defendant caused or contributed to the loss of love/affection.

Illinois is not a state in which that claim and legally be made.

However, one claim you may be able to make is an intentional infliction of emotional distress.

In order to sue them for intentional infliction of emotional distress, you must first prove a defendant acted with intent or recklessness. If a defendant’s conduct was extreme and outrageous, or if any conduct was cause of major emotional distress.

One thing to consider is that you can no longer sue someone who has ruined a marriage because it is not considered to be “extreme and outrageous.” The reality is that people get divorced or seperated, and oftentimes for reasons of an affair, therefore it doesn’t consititute “extreme” and/or “outrageous”, despite how much it may have hurt you.