Does Infidelity Affect the Outcome of a Divorce in Illinois? 

 Posted on September 21,2021 in Infidelity

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. 

Dissipation of Assets 

If a spouse spends marital money for a purpose unrelated to the marriage during the time that the relationship is permanently breaking down, that spouse may be guilty of dissipation of marital assets. This may include money that a spouse spends on their affair, including gifts, vacations, or expensive dinners. Successfully proving dissipation of marital assets may entitle the victimized spouse to a larger share of the marital property. 

Prenuptial Agreements Can Address Infidelity

Many people place infidelity clauses in their prenuptial agreements that stipulate certain financial consequences for partners in the event of infidelity. For example, if one spouse enters the marriage owning substantial personal assets, they may want a prenup that allows them to retain full ownership of their personal assets in the event of a divorce, but only if the other spouse has an affair. 

Work with an Aurora, IL Divorce Attorney

Reorganizing your life and planning for divorce are stressful events that everyone hopes will never happen to them. But when this does happen, it is important to have the help of an experienced DuPage County divorce attorney on your side. At The Law Office of Matthew M. Williams, P.C., we understand that getting divorced is difficult. That is why we will listen to you, create a divorce plan with your input, and advocate assertively for a favorable outcome. Call us today at 630-409-8184 to schedule your confidential consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=0&SeqStart=3800000&SeqEnd=5300000