Infidelity is one of the top reasons for a divorce. The trust and commitment that the married couple had agreed upon have broken down and been betrayed. Though the unfaithful act may cause a marriage to break down, it is often unclear exactly how it affects the divorce.
What is a No-Fault Divorce?
As of 2016, the state of Illinois recognized irreconcilable differences as the sole grounds for a divorce. Because of this, one spouse cannot blame the other’s actions as the primary reason for the divorce. This is beneficial for the spouse that is petitioning for the dissolution of the marriage in that they are not required to prove that the other spouse is at fault. They must only prove that the couple’s differences are too great for the marriage to continue.
However, this means that despite the infidelity, the spouse’s actions will not be held against them in accordance with the outcome of the divorce. As far as property division is concerned, they are determined through other factors including:
-
Each spouse’s earnings and economic status
-
The couple’s contributions to any combined finances
-
Age, health, and financial responsibilities
Additionally, adultery does not factor into any decisions regarding the potential children of the couple. Decisions of the court for these matters are made by determining what will be the best outcome for the children. Courts typically want to keep both parents in the children’s lives, assuming both were active in raising the children during the marriage.
How Will Infidelity Impact the Divorce?
One of the ways an affair could impact the divorce is if the spouse had misused assets without the other spouse’s knowledge. Spending funds on an affair partner can lead to a “dissipation of assets” claim. The spouse who spent money or sold assets in connection with the affair may be required to reimburse the marital estate.
If the unfaithful spouse’s actions did affect the family negatively, there is a potential for this to influence the decision regarding the outcome of child custody. If, for example, the spouse was proven to have neglected family obligations while committing the infidelity, then it could be viewed as misappropriation of priorities. The child’s best interests are always the key factor for child custody issues. If the affair had a negative impact on the relationship between the parent and child directly, it can be a factor in the final outcome.
Contact a DuPage County Divorce Lawyer
Learning a spouse has been unfaithful can be Earth-shattering. The knowledgeable Naperville family law attorneys at [[title]] can assist you. Take the first step to having the experienced help you deserve through this difficult time. Call [[phone]] today for a free consultation.
Sources:
https://www.ilga.gov/legislation/publicacts/99/099-0090.htm
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59