The Effect of Adultery on Illinois Divorce

 Posted on January 24, 2024 in Divorce

Adultery. Infidelity. Cheating. No matter how you choose to say it, the result never feels good when you are on the receiving end of it. When one partner cheats on another, it can seriously affect them both mentally and emotionally. It can also cripple a marriage leading to divorce as the outcome. But does your partner’s adultery have any effect on Illinois divorce proceedings? Understanding what, if anything, the act of adultery has on a divorce will help you determine your next steps during the process. For a more in-depth look into everything you will want to know about the divorce process, you should seek out the advice of a reputable divorce attorney.

How Adultery Affects Illinois Divorce

Emotions tend to run high after learning that your spouse engaged in extramarital affairs with someone else. It is not uncommon to look for retribution in any way you can for this betrayal. You could benefit from therapy or a legal discussion with an attorney to determine what you want to do next. The likelihood of divorce following an act of infidelity is quite high.

Sadly, adultery has no direct impact on the divorce process. Illinois is a no-fault state, meaning that irreconcilable differences are the only grounds recognized in these cases. Proving your spouse committed adultery is not required and, therefore, has little bearing on anything in divorce proceedings.

Dissipation of Assets

One way in which proving adultery can act in your favor is if there was a dissipation of assets. This occurs when your spouse chooses to use marital money on their new beau while going through a dissolution of marriage. A judge may take money, considered marital assets, spent for reasons outside the marriage into consideration during the final allocation of marital property.

In Matters of Child Safety

If you have reason to believe that the adultery poses a threat to your children, a judge may consider it during the hearing for parental responsibility and parenting time allocation. An example of a risk to your children would be if your spouse’s new partner has a criminal record or record of violence, such as domestic abuse. The court may choose to pose a limitation on parenting time if they feel it is necessary and in your children’s best interest.

Contact a Will County, IL Divorce Attorney

Divorce can already be a nasty business. This sentiment may only be furthered by the act of adultery. Place your divorce in good hands by consulting a Joliet, IL divorce lawyer from the office of Reeder & Brown, P.C.. You can contact us for a free consultation at 815-885-5980. Take back your life and call today.