Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Chicago South Loop
By Appointment Only
Subscribe to this list via RSS Blog posts tagged in marital misconduct

Posted on in Divorce

Lombard divorce lawyersEven for those who have never experienced such a situation, it is almost impossible to imagine a deeper pain or sense of betrayal than that which comes from being cheated on by a spouse. While each couple may have their own definition of what constitutes cheating, an unfaithful spouse’s behavior can have a devastating impact on the marital relationship. In many situations, cheating is a symptom of much larger problems but is often the one that prompts the “cheated-on” spouse to finally take action to either fix the relationship or to end it permanently. If your spouse has been cheating and you are ready to file for divorce, there are some important things to keep in mind about your spouse’s behavior and how it might or might not impact the divorce process.

Marital Infidelity Is Not Grounds for Divorce

In 2016, Illinois lawmakers eliminated all of the fault-based grounds for divorce in the state. Since that time, a divorce can only be granted in Illinois on the no-fault grounds of irreconcilable differences. Cheating can certainly create irreconcilable differences but will not be recognized as the official reason for your divorce.

Spousal Support and Property Concerns

It may be reasonable to believe that when you have been cheated on by your spouse, you should be entitled to a larger portion of the marital estate or perhaps additional court-ordered maintenance to compensate for his or her actions. Illinois law, however, expressly prohibits a court from considering “marital misconduct”—including infidelity—when deciding on property division and spousal support matters. It is the responsibility of the court to address each spouse’s needs and to provide for the equitable distribution of marital property, not to place a value on an unfaithful spouse’s behavior.

...

Posted on in Divorce

Lombard family law attorneyIn many divorce cases, the concept of marital misconduct is often discussed, if only to underscore the fact that any evidence of it is not applicable to most divorce-related discussions. While Illinois law expressly excludes it from playing a role in issues like property division, it is still important to understand exactly what constitutes marital misconduct and what is simply a difference of ideology or opinion between you and your spouse.

Marital Misconduct and Divorce

Marital misconduct is generally defined in the law as conduct of any kind that has helped erode the marriage. This can take many different forms, from the wasteful spending of marital money to adultery to domestic violence. In many states, this kind of conduct can have a negative effect on a spouse’s portion of the marital assets as well as on the amount of parenting time granted to them. The rationale behind such decisions is that someone who shows flagrant disregard for the marriage and its benefits should be entitled to less in a divorce.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top