How Will Infidelity Affect an Illinois Divorce?

 Posted on March 19, 2020 in Kane

Marriages end for countless reasons. Sometimes, a married couple decides to divorce because one of the spouses has had an affair. Studies show that about 20 percent of men and 13 percent of women admit to cheating on their spouse during their marriage. If you are in this situation, you may wonder whether infidelity will influence your divorce proceedings. The answer will likely depend on your particular set of circumstances.

The Elimination of Fault-Based Divorce in Illinois

When a couple gets a divorce, the petitioner, or person requesting the divorce, must list the “grounds” or reasons for the divorce. In the past, Illinois allowed spouses to list fault-based grounds such as adultery, abandonment, or physical or mental cruelty as the reason for the divorce. However, all fault-based grounds have since been eliminated. Anyone seeking a divorce in Illinois must only prove that “irreconcilable differences” have caused the breakdown of the marriage and that efforts at reconciliation are not in the couple’s best interests. This means that a spouse’s adultery will not be listed as the reason for the divorce. However, this does not mean that adultery will not impact any divorce proceedings.

Cheating May Still Impact Divorce Proceedings

“Dissipation of assets” refers to a situation in which a spouse misuses or wastes assets at the end of a marriage. If a spouse spent a great deal of money during the affair or gave his or her paramour valuable property, this may be considered dissipation. The spouse guilty of dissipation may receive a reduced share of the marital estate during property division while the wronged spouse receives a greater share in order to compensate him or her for the dissipated assets.

Adultery may also affect child related issues. If a spouse is engaged in a romantic relationship with his or her affair partner and the new partner has been convicted of certain crimes, is a registered sex offender, or otherwise may represent a danger to the child, this may influence child related decisions.

Lastly, living with a new romantic partner may impact spousal maintenance. In Illinois, spousal maintenance payments are eligible for termination if the recipient spouse cohabitates in a marriage-like relationship with romantic partner.

Contact a Kane County Divorce Lawyer

If you are interested in learning more about Illinois divorce law or have other family law needs, contact an experienced St. Charles family law attorney at MKFM Law. Schedule a confidential consultation by calling our office at 630-665-7300.

Sources:

https://ifstudies.org/blog/who-cheats-more-the-demographics-of-cheating-in-america

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