In Illinois, you have the option of filing for a no-fault divorce. Using adultery as a ground is of rare benefit to recommend its use, especially where the parties seek to settle the issues on an uncontested basis. However, if custody and visitation are issues, then the adultery of one of the spouses may have an effect. In Illinois, an allegation of adultery may or may not affect the award of spousal maintenance, and it may have a bearing on the financial settlement. In Georgia, by way of contrast, if you file for divorce on the ground that your spouse committed adultery and the infidelity is proven in court, there is no award of maintenance. ,
Adultery and your financial settlement
An accusation of adultery could affect the distribution of your assets. If you or your spouse spent marital funds on a romantic partner, that money must be returned when assets are divided. For example, if your spouse purchased jewelry or gifts for an extramarital partner or took vacations with that partner, and that money came from your shared bank account or jointly held credit cards, the court could order that money returned to you.
Child custody issues
If your spouse is involved with a romantic partner and evidence exists that exposing the children to the relationship is emotionally or psychologically damaging, custody and visitation orders could be affected. The court has the discretion to restrict or eliminate sleepovers or day visits if this circumstance causes stress for the child.
Infidelity can make negotiations difficult
Even if the fact of infidelity has no legal effect on your divorce, it can create ill feelings between partners, making it more difficult to reach agreement. Any obstacle to negotiation during the divorce process slows down the timeline and drives up the cost of the divorce.
There is a great deal of discussion among relationship experts about infidelity, but the reality is that many marriages do survive infidelity. That said, infidelity can play a role in your divorce, even if it is not the sole motivating factor. If you need legal representation in your Chicago-area divorce, get in touch with a skilled divorce attorney today.
Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and families. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As a…
Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her studies…
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