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Kane County Divorce Lawyer for Cases Involving Infidelity

Kane County Cheating Spouse Divorce Lawyers

Divorce Attorney Serving St. Charles and Geneva Explains Impact of Cheating Spouse on Illinois Divorce

There is no question that marital misconduct is a factor in some divorces. In most cases, however, you should not expect to use spousal infidelity as a negotiating factor to get more money in your divorce settlement, because Illinois has been a no-fault divorce state since January 1, 2016.

The attorneys of Weiler & Lengle P.C. appreciate that one spouse's cheating typically makes the other feel angry and betrayed. It might seem fair that the unfaithful spouse should be punished in some way in the divorce settlement. However, from a legal standpoint, Illinois law generally ignores issues of fault with few exceptions.

Whichever side of a marital conflict you are on, you can rely on Weiler & Lengle P.C. to approach your case with compassion and without judgment. We will help you develop realistic goals for the outcome of your divorce and advocate effectively to achieve your goals.

What Does No-Fault Divorce Mean?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/, divorces are granted based upon a court finding of "irreconcilable differences that have caused the irretrievable breakdown of the marriage." One party may disagree with that finding, but if the spouses live "separate and apart" for at least six continuous months, the court will automatically make the finding of irreconcilable differences.

Can a Cheating Spouse Be Evicted from the Marital Home?

Under Illinois law 750 ILCS 5/501(c-2), one spouse may petition the court for exclusive possession of the marital residence while the divorce is pending. The court may approve such a petition only when the physical or mental well-being of either spouse or children would be jeopardized by occupancy of the marital residence by both spouses, and the court shall balance hardships to the parties in making its decision.

Is Infidelity Considered in Property Division or Alimony Decisions?

Illinois law encourages divorcing spouses to negotiate their own agreements about property division and maintenance payments, which the courts will generally approve. If the parties cannot agree and require the court to decide, the following rules apply:

Property division: Under Illinois law 750 ILCS 5/503(d), the court is directed to "divide the marital property without regard to marital misconduct." The court will, however, adjust the division of marital property in cases involving dissipation of assets where an unfaithful spouse has secretly given large gifts to an extramarital partner or spent marital money on the affair.

Maintenance, aka spousal support or alimony: Unless the court finds that maintenance is appropriate for a specific reason listed in the law, the court will not award maintenance to either party. Further, under Illinois law 750 ILCS 5/504(a), the court is directed to make decisions about maintenance "without regard to marital misconduct."

Is Infidelity Considered in the Allocation of Parental Responsibilities?

Illinois law requires the divorcing parents of minor children to present a proposed parenting plan to the court for approval, which must cover the issues of custody or primary physical care, visitation, allocation of parenting time, and allocation of major decision-making authority. If the parties cannot agree and require the court to decide, per Illinois law 750 ILCS 5/602.5(e), the court "shall not consider conduct of a parent that does not affect that parent's relationship to the child."

St. Charles Divorce Lawyers Handling Marital Misconduct Cases

If you or your spouse has been unfaithful in your marriage, you can trust the dedicated family lawyers at Weiler & Lengle P.C. to help you achieve an equitable divorce settlement. Contact us at 630-382-8050 to discuss your situation and learn about your options. We serve in clients in St. Charles, Geneva, Batavia, South Elgin, Pingree Grove, and neighboring communities in Kane County.

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