Can a Cheating Spouse Impact an Illinois Divorce?

 Posted on March 23, 2024 in Divorce

It might come as no surprise that many people in long-term relationships become involved in an affair. According to some studies, as many as 25% of marriages have experienced some type of infidelity. Many married couples end up getting a divorce because of an affair. 

In the past, one spouse could say that her husband cheated on her, and that would go on record as the reason for the divorce. However, after amending the law, the state of Illinois now recognizes “irreconcilable differences” as the only acceptable grounds for divorce. Neither spouse is blamed for the marriage ending. You might think that means that your affair will not have any impact on your divorce, but there are still other ways it can influence the outcome. If you cheated on your spouse and you are wondering how you can expect that to affect your divorce, speak with an experienced Will County, IL divorce attorney to find out more.

Illinois Grounds for Divorce

You used to need an allegation of fault in order to be granted a divorce. Complaints like impotence, violence, and adultery are all examples of fault-based grounds for divorce. Now that Illinois courts recognize no reason other than irreconcilable differences for granting a divorce, any infidelity-related blame is not relevant to the actual proceedings.

However, you should be aware of some issues that might arise as a result of your affair that could affect your divorce proceedings.

• Financial issues: If a spouse uses any of their marital funds or assets for something that is not related to the marriage, this is considered asset dissipation. Many types of expenses fall under this category, including buying pricey gifts for someone you are having an affair with or selling some assets to pay for a vacation with them. If it is proven that you have done this, you might be required to reimburse the marital estate for whatever you spent.
• General atmosphere: It is safe to assume that if you had an affair, your spouse might be less inclined to make compromises and work together with you on drafting a divorce settlement that will have both your interests in mind. Their animosity toward you might be a significant obstacle to overcome.

Contact a Joliet, IL Divorce Lawyer

If you had an affair and are concerned about how that might affect your divorce, a Plainfield, IL divorce attorney can use their experience with similar cases to help you navigate your proceedings. Call Law Offices of Tedone and Morton, P.C. at 815-666-1285 to schedule a free consultation.