Your Marriage is Ending Because of Adultery. What Now?

 Posted on June 22, 2023 in Divorce

Many Illinois divorces are triggered, at least indirectly, by adultery. The betrayed party, understandably hurt and angry, may wish to seek legal revenge against the person who interfered in their marriage. While revenge may seem tempting, it is not feasible to take legal action against someone for breaking up your marriage. However, it is important to understand how adultery may affect the divorce proceedings.

How Does Illinois Law View Adultery in Divorce Cases?

In Illinois, all divorces are based on “irreconcilable differences,” as it is a no-fault divorce state. Although adultery is no longer a legally recognized ground for divorce, it may still be taken into account during divorce proceedings. If a spouse’s infidelity is causing problems in the family, divorce might be a solution to consider. Adultery could affect how marital property is divided and spousal support payments. According to Illinois law, judges must decide about alimony without considering marital misconduct. Although marital misconduct may not directly impact divorce proceedings, it can still affect other aspects, such as property division.

Differences Between Fault-Based and No-Fault-Based Divorces

There are no-fault divorces in Illinois, meaning neither spouse’s bad actions are considered during a divorce. Before 2016, Illinois residents had to prove fault when seeking a divorce, but now the only ground for divorce is “irreconcilable differences.” In Illinois, couples no longer have to prove fault to get a divorce, which makes the process easier and less likely to be confrontational.

Here are some key differences between fault and no-fault divorce:

Fault Divorce:

• One spouse must demonstrate that the other spouse is responsible for the dissolution of the marriage.

• Divorce can occur for several reasons, including infidelity, emotional or physical abuse, chronic alcoholism, and drug addiction.

• It can be more contentious and time-consuming than a no-fault divorce.

No-Fault Divorce:

• It does not require either spouse to prove fault for the breakdown of the marriage.

• The sole reason for divorce is “irreconcilable differences.”

• It simplifies the divorce process and can be less contentious than a fault divorce.

Contact an Illinois Family Law Attorney

The laws governing divorce and marital property division in Illinois can be complex, so a knowledgeable Arlington Heights divorce lawyer can help you understand your rights and options throughout the process and ensure that your best interests are represented. Call A. Traub & Associates at 847-749-4182 to get started on your journey today so you can better understand the next steps for your specific case.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000