Does Cheating Affect the Outcome of a Divorce in Illinois?

 Posted on October 04, 2021 in Divorce

Getting divorced is never easy, but getting divorced because you found out your spouse was having an affair can be devastating. Emotionally recovering from the broken trust while you are going through divorce proceedings proves to be a major challenge for many spouses, who may justifiably wonder: Does an affair affect a divorce proceeding in Illinois? After all, if a spouse’s infidelity ends a marriage, it may seem like it makes sense for there to be consequences.

But no matter who is responsible for the end of a marriage, Illinois is a no-fault divorce state - meaning that the only reason a couple can give for divorce is irreconcilable differences. Cheating, in and of itself, does not affect the process or the outcome of a divorce. However, behaviors and circumstances commonly affiliated with cheating can affect a divorce.

Can Cheating Affect Custody Arrangements?

Allocation of parental responsibilities and parenting time are not directly affected by infidelity. However, if a parent’s new boyfriend or girlfriend poses a risk to the children, this could affect that parent’s ability to spend time with the children. For example, if a new partner has a history of domestic abuse or is a registered sex offender, courts can take this into account when making decisions about a parenting plan.

Unfortunately, children are much more likely to be abused by a parent’s new romantic partner than by a biological parent. A potential threat to the children could cause courts to require supervised visits or limit parenting time to times when the new partner is not around.

Can Cheating Affect Asset Division?

Once a marriage has begun the process of an irretrievable breakdown, spouses who spend money on expenses unrelated to the marriage can be found guilty of dissipation. A common behavior that often constitutes dissipation is when one spouse spends marital funds on a new partner. Taking the new partner on dates, buying gifts, or going on vacations together can all be types of dissipation.

When one spouse is found to have dissipated marital assets, the other spouse can request that the dissipated amount be reimbursed in the form of a larger portion of the marital property settlement. This allows them to recover funds that were wasted for non-marital purposes.

Speak with a Kane County Divorce Lawyer

If your spouse has had an affair and you are considering divorce, speak with the office of Van A. Larson, P.C. We will handle your case with care and compassion and will take the stress out of the legal side of divorce so you can focus on healing and moving forward. Contact us today to schedule your free initial consultation with a Batavia, IL divorce attorney. Call us at 630-879-9090.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000