In 2016, the State of Illinois updated its divorce laws – becoming a truly no-fault divorce state. This means that not only are you not required to base your divorce on any specific form of fault but that there is also no mechanism in the legal system for doing so. While there is a misdemeanor on the books in Illinois that makes adultery illegal, it is rarely – if ever – enforced.
Divorces in Illinois are predicated on irreconcilable differences, and adultery is unlikely to play a role in how your divorce terms are decided. The fact of your spouse’s adultery, however, may leave you seeking a divorce (which is a personal decision that only you can make), and if this is the case, an experienced Illinois divorce lawyer can help you find the best path forward for you.
Your no-fault divorce will be unique to the circumstances involved in your case, but the terms you will need to negotiate with your spouse (or through the court) are the same for every divorcing couple, including
The fact of your spouse’s adultery will not affect any of these terms – with one possible exception.
If your spouse is spending down your marital assets in the commission of his or her affair, the court can take this fact into account in relation to the equitable division of your marital property. Consider the following ways that adultery can get pricey:
Even when the above expenses are moderately priced, they can quickly add up. If your spouse has been hiding these kinds of costs from you – which is common when an affair is involved – the court may view your spouse’s actions as a means of spending down your marital assets, which is unfair to you. Ultimately, both parties are responsible for sharing all financial information openly in the early stages of divorce, and failure to do so (such as expenses related to adultery) can affect how the judge in your case divides your marital assets. Further, if the amount involved is considerable, your spouse may be required to – in essence – reimburse you for your equitable share in those dissipated assets.
If your spouse’s affair is leading you toward divorce, the compassionate and accomplished Illinois divorce lawyers at SLG Family Law recognize how difficult your situation is and are committed to skillfully advocating for your case’s most favorable resolution. For more information about how we can help, please don’t hesitate to contact us today.
Chris did a great job listening and educated me throughout the process. He always kept my child's best interest as the focus.
I highly recommend Christopher Maurer to anyone in need of an experienced attorney. Mr. Maurer quickly assessed my situation with a divorce matter. He set forth a direct, clear path to secure my legal entitlements. Mr. Maurer consistently kept me informed during the process. His impressive grasp of the law…
Chris took good care of me during my case, answered all my questions, and wrapped things up in a timely fashion. He gave me peace of mind throughout the process. I was very happy with the results, and recommend him to all of my friends.
He was very informative. Gave detailed and concise answers to my questions. Most importantly, he talked to me and not at me. Something I truly appreciated..
Sarah represented me in modifying a complicated child support/joint parenting agreement. She did an exceptional job and guided me through every step of the process. She is very knowledgeable, dedicated and an excellent person to work with. She always promptly returned my calls/emails same day. She is so personable and…
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