My Spouse Committed an Act of Infidelity. Will That Affect Our Divorce? 

 Posted on January 28,2022 in Uncategorized

There 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. 

Even though it is not possible to claim adultery or infidelity as the cause for a divorce in Illinois, it is interesting to know that adultery is technically a crime in Illinois. According to Penal Code 720 Ill. Comp. Stat. §11-35, adultery is recognized as a Class A misdemeanor. However, the state does not prosecute individuals for committing adultery. No one has faced charges for adultery in decades.

The Impact of Adultery on Divorce Cases in Illinois

While adultery may not affect the reason for filing for a divorce in Illinois, infidelity might impact details pertaining to divorce proceedings. For example, if a spouse spent significant martial funds on the affair partner, this may be considered “dissipation of assets.” The spouse who dissipated assets may be required to reimburse the marital estate for the money spend on the affair partner. 

Cheating can also increase the tension between spouses in a divorce. This can make it harder for spouses to reach an agreement about the division of debts and assets, child custody, spousal maintenance, and other divorce concerns. 

If you have quesions about how adultery may impact the outcome of your divorce proceedings, start by hiring an experienced attorney who practices family law in Illinois. 

Contact a St. Charles Divorce Lawyer Today 

At Weiler & Associates, Inc., we understand that legal matters pertaining to marriages and divorces are incredibly complex. It is important to find a lawyer you feel comfortable speaking with and opening up to as you navigate your way through a divorce. If your spouse was unfaithful to you or if you engaged in an adulterous act while married, we can help you determine how it may affect your case. Call 630-331-9110 today to speak with a Kane County divorce lawyer. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-35