How Does Adultery Affect Divorce in DuPage County?

 Posted on March 14, 2024 in Divorce

One spouse having an affair is a common cause of divorce nationwide. Finding out that your spouse has been seeing another person romantically or sexually can make you feel betrayed and heartbroken. Adultery is an insurmountable hurdle for many marriages, and courts will nearly always consider not wanting to reconcile with an unfaithful spouse grounds for divorce. Because Illinois is a no-fault divorce state, even if it is fairly clear who is at fault in causing the irreconcilable differences, your spouse’s adultery may not have the impact you would hope. However, there are some ways that your spouse’s infidelity might have an impact on your divorce, particularly when it comes to asset division and, in some cases, child custody. A Wheaton, IL, divorce lawyer can help you understand what effect your spouse’s affair might have on your proceedings.

How Adultery Can Affect a Judgment of Divorce in Illinois

There are two main ways that your spouse’s infidelity might - or might not - impact your divorce proceedings.

The first pertains to asset division. Money your spouse spent carrying out their affair might be considered a nonconsensual misuse of marital funds. The cost of hotel rooms used during the affair, travel with the affair partner, and extramarital dates might be counted against your spouse, meaning that you can recoup your share of those funds during asset division. Gifts made to the affair partner can also fall under this category.

Child custody might also be affected by your spouse’s infidelity, depending on the nature of the affair and the impact it had on your child. If you were left caring for your child alone because your spouse was always out with another person, this will matter. Which parent was the primary caregiver is important, so if your spouse spent much of the time he or she should have spent with the child with his or her affair partner, the court will want to know this. Another factor the court considers is each parent’s willingness to put the needs of the child ahead of their own needs. A parent who puts their affair partner before their child may be viewed negatively.

The court may also consider the nature of the affair and how it could affect the stability of your spouse’s household and your child’s moral upbringing. If your spouse had one affair partner and the affair began after the marriage had started to break down, this is very different than a situation where your spouse gives “gifts” to multiple, much younger, partners so they will spend time with him or her.

Contact a Wheaton, IL, Divorce Attorney

Andrew Cores Family Law Group will focus on your personal goals throughout the case. Our DuPage County, IL, divorce lawyers are highly experienced with complex and high-conflict divorce. Contact us at 630-871-1002 for a complimentary and confidential consultation.