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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Nobody ever thinks their spouse will cheat on them, and yet it happens to people every day. When such a life-changing event takes place, the spouse who has been cheated on may consider divorce and wonder whether infidelity changes the divorce process in Illinois. After all, it may feel as though someone who knowingly does something that is almost sure to end a relationship should face some kind of consequence.

But regardless of whether somebody cheated, Illinois is a pure no-fault divorce state. This means fault or responsibility is never assigned to either spouse at the end of the marriage. A couple getting divorced because of cheating can only list “irreconcilable differences” as the reason for divorce, and the proceedings will not be affected. However, there are certain behaviors commonly associated with infidelity that can impact the outcome of a divorce. 

New Partners Who Present a Threat

Generally, cheating on a spouse does not affect how allocation of parental responsibilities or parenting time are handled in a divorce case. But if a parent has a new partner who presents a real threat to their children, the court may curtail the time that parent gets to spend with their children. For example, if the adulterous parent’s new partner has a known history of domestic violence or is a sex offender, and there is any chance the partner could be around the children, a court could limit the time that parent can spend with their children or prohibit the new partner’s presence during parenting time. 

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Having an unfaithful spouse is a big reason why many marriages end in divorce. Infidelity signals a lack of trust, respect, and communication, and often signals the relationship is beyond the point of repair. So, the question is, why do people cheat on their spouse?

Reasons People Cheat

Attempting to pinpoint the reasons for a specific behavior is often a difficult task. However, over the years it seems that a handful of explanations appear to be mentioned most frequently in social studies and anecdotal reviews. Here are some of the more commonly occurring motives spouses admit to when discussing their reasons for straying.

• Boredom: It may seem cliché or even immature, but adults get bored in the bedroom and look for excitement outside their marriage.
•  A need for physical contact and attention: This often occurs when communication breaks down between a couple. When the physical contact and attention ebbs in a marriage, for whatever reason, a spouse may seek that attentiveness they desire from another individual.
•  Lack of intimacy: When things cool off in the bedroom, a spouse may seek to rekindle that passion with another partner.
• Spite or revenge: This frequently occurs when one partner discovers the other was unfaithful, so to “even the score” they go out and have an affair to get back at their spouse.
• Some people think it is okay to cheat: There is evidence to suggest that some adults are conditioned to think cheating is acceptable. This often occurs among those who were exposed to a marriage in which one or both parents were unfaithful.
• Low self-esteem: Individuals who constantly seek the attention and approval of others tend to engage in extramarital affairs. Cheating may be their coping mechanism by which they seek to feel needed or desired.

The summary provided above is not meant to imply that these reasons for cheating are acceptable, or cannot be overcome. In most cases, frequent and honest communication among mature individuals can often help prevent infidelity before it occurs.

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