Finding out that your spouse has gone behind your back and had an affair is one of the most upsetting experiences a person can have. You may feel as though your world has turned upside down and that you now doubt many of the things you previously assumed to be true. Complicating your personal experience is the ensuing divorce. Illinois is a no-fault divorce state, meaning that regardless of the reason for your divorce you will simply file citing “irreconcilable differences.” Nevertheless, marital infidelity can still affect the outcome of your divorce.
Typically, infidelity will not impact parental responsibilities and parenting time. Your spouse will generally still be able to advocate for their right to see your child and spend time with them. However, if your spouse’s new partner presents a credible threat to your child, courts will take this into account when parental responsibilities are allocated.
For example, if your spouse’s new boyfriend or girlfriend is a registered sex offender, or if they have a criminal history of child or domestic abuse, the court will take this into consideration and may limit your spouse’s parenting time.
Dissipation of Assets
Typically, Illinois law prevents an affair from affecting the distribution of marital assets or from affecting spousal support or child support payments. But if your spouse has used marital funds for a purpose unrelated to the marriage – such as giving their paramour gifts or taking them on dates or trips – the court may consider the funds spent on these activities as dissipated assets.
This means that, during the allocation of assets, the funds your spouse spent on their affair will be considered as having been already allocated to them, ultimately giving you a larger share in the final division of marital assets.
A prenuptial agreement can address infidelity in ways that affect the outcome of your divorce, by specifically outlining financial consequences for a cheating spouse. Not all prenuptial agreements are held up in Illinois court, so it is important to have an experienced attorney who can read and analyze your prenup and help you understand its potential impact on the divorce.
Contact a Burr Ridge Divorce Lawyer
Getting divorced after being cheated on can be stressful and exhausting. Choosing an experienced Cook County divorce attorney will help you navigate your divorce with skill and allow you to focus on keeping your life moving forward. Contact the office of Botti Marinaccio, LTD for a confidential consultation today at 630-575-8585 and find how we can help you.