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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