Press release
Illinois Divorce Lawyer Russell D. Knight Clarifies Intentional Infliction Of Emotional Distress In Illinois Divorce Cases
Illinois courts divide marital property without regard to marital misconduct under 750 ILCS 5/503(d), and financial awards for child support or maintenance are based on income, not behavior. As the explainer notes, Illinois Divorce Lawyer Russell D. Knight underscores that claims for intentional infliction of emotional distress proceed as separate civil actions, not within the dissolution case. The Illinois Supreme Court's framework in McGrath v. Fahey, 126 Ill.2d 78 (1988), sets three elements for the tort: conduct that is extreme and outrageous, intent or knowledge of a high probability of causing severe emotional distress, and actual severe emotional distress caused by the conduct. Courts have emphasized that trivialities and mere insults do not meet the standard, while patterns of abuse may qualify when conduct rises beyond all possible bounds of decency.
Building on Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003), the explainer highlights that claims arising from conduct within a marriage are not subject to a heightened threshold; rather, courts apply the same outrageousness test with careful scrutiny of the marital context. Illinois Divorce Lawyer Russell D. Knight details how control dynamics within a relationship can make outrageousness more likely, and how knowledge of a spouse's particular susceptibilities can bear on intent. The analysis further notes that medical or psychiatric expert testimony can assist a fact finder but is not required to support a claim for emotional distress damages, consistent with Illinois precedent.
Statutes of limitation are addressed with precision. Actions for personal injuries, including intentional infliction of emotional distress, generally must be filed within two years under 735 ILCS 5/13-202. The explainer outlines the continuing violation rule recognized by Illinois courts, under which the limitations period may run from the last actionable act when a continuing course of conduct is alleged. Illinois Divorce Lawyer Russell D. Knight also explains post-divorce considerations, including that findings in dissolution proceedings are not admissible as prima facie evidence in subsequent tort cases under 750 ILCS 65/1. Standard settlement releases typically waive past claims but cannot waive future unlawful conduct, and alleged violations of a divorce decree sound in contract, not in tort, meaning punitive or emotional distress damages are not available for mere breaches of the decree. The discussion also distinguishes fraud-based financial misconduct, for which Illinois law does not allow recovery of damages solely for emotional harm.
The practical takeaway emphasizes careful evaluation of facts, dates, and documentary history when considering a separate civil filing. Illinois Divorce Lawyer Russell D. Knight's explainer synthesizes statutes and leading cases to clarify when tort relief may complement, rather than duplicate, the remedies available in divorce court, and how litigants can assess viability under Illinois law.
About The Law Office of Russell D. Knight:
The Law Office of Russell D. Knight is a Chicago-based family law firm focused on divorce, parentage, property division, maintenance, child support, and post-decree matters across Cook County and neighboring jurisdictions. Founding attorney Russell D. Knight has nearly two decades of experience in Illinois family law and has authored more than 750 articles on Illinois divorce and family law. His work has appeared with the Illinois State Bar Association and in national media outlets, and he has contributed to IICLE's Family Law: Dissolution of Marriage Court Proceedings, 2024 Edition. For consultations and additional information, contact the firm or visit the firm's website.
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Email: russell@rdklegal.com
Website: https://rdklegal.com/
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Company Name: Law Office of Russell D. Knight
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Phone: (773) 334-6311
Address:1165 N Clark St #700
City: Chicago
State: Illinois 60610
Country: United States
Website: https://rdklegal.com/
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