Although Illinois is considered a no-fault divorce state, there is no doubt that infidelity and other extramarital affairs can be the root cause of a failed marriage. Cheating in a marriage can cause lasting damage to a relationship, often leading to divorce. However, unfaithfulness cannot be used to negotiate a more favorable divorce plan for one spouse over another. The court will see infidelity as a mutual disagreement between partners, not as a way to blame a cheating spouse. However, infidelity can still affect a divorce in a few ways.
Understanding Irreconcilable Differences
“Irreconcilable differences” is the legal term used in no-fault divorce states to express that a marriage is beyond repair. The term irreconcilable differences is meant to blame both partners equally, hence the term no-fault divorce. Essentially, this means that both partners have had substantial enough disagreements throughout the marriage that renders the relationship unfixable.
Irreconcilable differences in a no-fault divorce state allow the court to emphasize an equitable division of shared marital property. No matter the reason for divorce, both parties will have their property split fairly and equitably. However, infidelity can still affect the divorce process in other ways.
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