Will Adultery Affect My Divorce?

 Posted on January 09, 2024 in Illinois Divorce

Dealing with infidelity during a divorce can make things more contested, and issues with adultery might affect important factors of your divorce, such as settlements and spousal support agreements. If you are starting the process of divorce and adultery is involved in some way, you need an experienced Illinois divorce attorney to help guide you through this process.

Do I Need to Prove Adultery to Get a Divorce in Illinois?

Adultery is another word for infidelity or cheating, where one partner in a relationship has emotional or physical relations with someone else without their partner knowing. Adultery is often grounds for divorce in a marriage, and some states make adultery a criminal offense or require that adultery be proved before a divorce can be pursued.

In Illinois, the Marriage and Dissolution of Marriage Act maintains that the state is a ‘no-fault’ divorce state. This means that a spouse does not need to prove that their partner is cheating, abusive, or in any way contributing to their need for a divorce. Instead, a divorce can be requested due to ‘irreconcilable differences’ without the need for any proof.

How Does Adultery Affect My Illinois Divorce?

While Illinois law does not consider adultery a criminal offense, and adultery in your relationship likely will not affect a divorce settlement, you might be entitled to certain adjustments to the division of marital property. If your spouse has spent a significant amount of money on an affair, this may be taken into consideration as assets are divided.

Additionally, you may be able to remove your unfaithful partner from your marital home during your divorce. This is typically done by the courts when the partner’s presence would contribute to a significant mental or physical burden for you or any shared children in your home.

You should keep in mind that any adultery in your relationship will typically not interfere with the decision of spousal support or alimony amounts if these are relevant to your divorce. Courts generally ignore adultery when making these kinds of decisions.

Contact a Kane County, IL Divorce Lawyer

The process of divorce is difficult, and when adultery is a factor, things can become even more complicated. As you begin the divorce process, ensure you have a skilled St. Charles, IL divorce attorney on your side to fight for a fair settlement. Contact Weiler & Associates, Inc. at 630-331-9110 for a consultation and to learn about your options moving forward.