As a divorce attorney practicing in Chicago, I frequently encounter questions from clients about the impact of adultery on divorce proceedings in Illinois. Understanding how infidelity can influence the dissolution of marriage in our state is crucial for anyone navigating this challenging time.
Adultery And Illinois Law
In Illinois, historically one could seek a divorce for multiple reasons including a spouse’s infidelity. The grounds for divorce transitioned to what is referred to as “no-fault” in 2016. This change means that the court does not require proof of fault, such as adultery, to dissolve a marriage. Instead, the state only requires a demonstration that “irreconcilable differences” have caused the breakdown of the marriage and that efforts at reconciliation have failed or would not be in the family’s best interests.
While adultery is not a factor in whether a divorce can be granted, it can still play a role in other aspects of the divorce proceedings.
Effect On Child Custody And Parenting Time
When it comes to child custody—legally referred to as the allocation of parental responsibilities—and parenting time, the court’s primary concern is the best interests of the child. Adultery in itself is not usually considered directly in these decisions unless the behavior of the adulterous parent somehow directly impacts their ability to parent. For example, if the adulterous relationship exposed the child to harmful situations or if it significantly distracted the adulterous parent from their parenting responsibilities, the court might consider these factors when determining custody and parenting arrangements.
Division Of Assets
Illinois follows the principle of equitable distribution of marital property. This means that marital assets should be divided fairly upon divorce but not necessarily equally. While adultery does not generally affect the division of assets, if one spouse used marital funds to further an extramarital affair, the court might consider this when dividing assets. The non-adulterous spouse might receive a greater portion of marital assets as compensation for the funds spent on the affair.
Practical Advice
If you find yourself dealing with a divorce where adultery is involved, it’s important to focus on the practical aspects of the case rather than the emotional ones. Concentrate on securing your financial future and ensuring the well-being of your children. It can be easy to get caught up in the details of the affair, but the legal system is more concerned with equitable outcomes based on tangible factors.
While adultery can add emotional complexity to the divorce process, its direct impact on the legal proceedings in Illinois is limited. It’s essential to approach your divorce with a clear understanding of your rights and the laws that will affect your case.
Illinois Divorce FAQs
How long does a divorce take in Illinois?
The duration of a divorce in Illinois can vary widely depending on whether it is contested or uncontested. An uncontested divorce could be finalized in as little as a few weeks, while a contested divorce could take several months or even years.
What is considered marital property in Illinois?
Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Property acquired before the marriage, as well as gifts and inheritances received during the marriage, are considered non-marital property. However, there are many exceptions to the general rules, and determining what assets are to be divided in a divorce can be complicated.
Can I modify my divorce decree?
Yes, in Illinois, you can request modifications to your divorce decree if your circumstances significantly change. This could include changes in income, employment, health, or living situations that would impact alimony (legally known as maintenance), child support, or parenting time. However, in some cases alimony may not be modifiable and the division of property is not modifiable, even if changed circumstances occur.
What should I do to prepare for divorce?
Preparing for divorce involves
- gathering financial documents,
- setting realistic goals for your post-divorce life and
- considering the needs of any children involved.
Consulting with a knowledgeable divorce attorney can help guide you through the process efficiently. For answers to more specific questions or to discuss your personal situation, please get in touch with me, Attorney Michael C. Craven, for a consultation. Let’s work together to navigate your divorce with dignity and confidence.
Call Our Chicago Divorce Attorney For Dedicated Representation
If you’re navigating the complexities of a divorce in Illinois and need professional guidance, or if you’re seeking information on how adultery might influence your divorce proceedings, contact me today. As a committed divorce attorney based in Chicago, I provide tailored advice and robust representation tailored to your unique situation. For those searching for “divorce law firms near me,” look no further. Call Attorney Michael C. Craven at (312) 621-5234 to schedule a consultation. Together, we can ensure that your rights are protected, and your divorce process is handled with the utmost care and professionalism.
