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b2ap3_thumbnail_shutterstock_309334772.jpgThere are many reasons why people may file for divorce in Illinois. One of the most common causes of divorce is infidelity, which is when one partner in a marriage does not remain faithful to his or her spouse. Sometimes, couples are able to work through the act of infidelity and arrive at a place in their relationship where trust is restored. However, not all couples survive an act of fidelity, and in those cases, divorce often ensues. If you or someone you know is getting a divorce as a result of infidelity in the relationship, you may be wondering if an unfaithful act can affect divorce proceedings. Today, we are exploring the impact of infidelity on divorce cases in Illinois. 

Is Infidelity Grounds For Divorce in Illinois? 

Adultery may have been the cause of the marital breakdown, however, you will not list this in your divorce peition. This is because as of 2016, Illinois is a no-fault state when it comes to divorce cases. In other words, Illinois does not require one of the spouses to be at fault for the breakdown of a marriage.

Instead, a divorce can be filed on the grounds of there being “irreconcilable differences.” This meabns that there are serious differences between spouses and the marriage cannot be continued. 


Establishing Paternity in Illinois

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St. Charles family law attorney paternity

While there is usually no question regarding the identity of a child’s mother, the same is not always true of the father. Whether the biological father is unknown at the time of pregnancy, or the father shows up years later, a mother may wish to have a DNA test performed to legally determine who the father of her child is. Genetic paternity testing of a man’s DNA and the child’s DNA can reveal if the two are father and child.

Paternity Testing

Half of a child’s DNA comes from their mother, and half comes from the father. A DNA test can reveal whether the father in question is truly the father or not. The process begins with a cheek swab from the inside of the alleged father’s mouth, as well as the child’s mouth. The DNA fingerprint of each is then profiled, with an accuracy of 99.99 percent. A paternity test can also be done while the mother is still pregnant with the child through blood analysis or more invasive measures by sampling the placental tissue.

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