What Are My Next Steps if I Find My Partner Cheating?

 Posted on March 08, 2024 in Illinois Divorce

The emotional blow of discovering your partner is cheating on you can be intense, and it may take time for you to recover a clear head and think about your next steps. If, after thinking about your situation, you do not wish to continue your relationship with your partner due to the cheating, a divorce may be necessary. A skilled Illinois divorce lawyer can advise you about your divorce situation and guide you through the steps of the Illinois divorce process.

Separating From Your Cheating Partner

Separating from your partner is not an easy decision, and many people find it both stressful and sad to end their marriage. However, this may be the best decision in cases where cheating or other adulterous behavior has caused an irreparable rupture in the trust between you and your spouse.

It is important to note that under the Illinois Marriage and Dissolution of Marriage Act, Illinois is a no-fault divorce state. This means that your spouse’s cheating will not be taken into account when it comes to important divorce decisions such as dividing property, determining spousal support or child support payments, or the creation of child custody agreements.

However, in some cases where you can show that the cheating of your spouse led to significant emotional or financial distress, the courts may take these factors into consideration along with the other elements of your divorce, such as child custody and asset division. For example, a man who is cheating and who has spent significant amounts of money on his new girlfriend may be required to compensate his wife out of his portion of the asset division.

Preparing for Your Divorce

As you start the process of filing for divorce, there are several things you need to consider to make sure you are as prepared as possible. Securing an experienced Illinois divorce lawyer is among the first things you should do, as a lawyer can guide you through the initial steps of your divorce.

Other items to gather as you prepare for your divorce include:

• Documentation about your finances, assets, and property

• Potential parenting plan strategies for shared children

• Documentation about your marriage, including your marriage license information

• The assistance of a forensic accountant if you believe your spouse will hide assets during the divorce

• Proof that your spouse’s behavior caused some kind of emotional or financial stress for you or your child, if applicable

Contact a Kane County, IL Divorce Lawyer

When it comes to dealing with the aftermath of a cheating partner, divorce is a valid option to help you gain the separation you need. To help your divorce move more smoothly, speaking with a seasoned St. Charles, IL divorce attorney right away is key. Call Weiler & Associates, Inc. at 630-331-9110 for a consultation to learn more about your legal options. Our firm has handled hundreds of divorce cases and we prioritize clear, consistent communication with our clients so we only offer advice that is tailored to your situation and that works for you.