When a spouse cheats, it can be very damaging to a marriage. It causes emotional pain and can make it hard to trust again. Some people may wonder if they can take legal action against their unfaithful spouse in Illinois. This blog post discusses the possibility of suing a cheating spouse in Illinois, providing information about the legal system and things to consider if you are dealing with this situation.
Understanding Illinois Divorce Laws
Illinois is a no-fault divorce state, meaning the court does not require a spouse to prove fault or misconduct to grant a divorce. Courts focus on the irretrievable breakdown of the marriage, rather than assigning blame for the failure. This approach is aimed at promoting amicable resolutions and efficient proceedings while protecting the parties involved, especially when children are part of the equation. In other words, infidelity alone is not grounds for divorce in Illinois.
Civil Lawsuits for Infidelity
While Illinois law does not permit spouses to sue each other solely on infidelity, there are limited circumstances where a civil lawsuit may arise due to a spouse’s extramarital affair. For example, if the cheating spouse has spent substantial marital assets on the affair, the affected party may be able to pursue a claim for the dissipation of marital assets. This typically requires evidence of significant financial misconduct, such as using marital funds to finance the affair. To provide evidence in such cases, spouses often rely on financial records and sworn testimony.
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