Does Infidelity Affect Divorce In Illinois?

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If you found out that your spouse was cheating on you, you have every right to want a divorce from them. Your first thought might be that, by pointing to the infidelity, you may be able to expedite your divorce since your partner is entirely at fault. However, that is not the case at all. If you know you want to end your divorce, and you want to get away from your cheating partner as quickly as possible, your best bet may be to file for a “no-fault” divorce.

When you first think about it this doesn’t really make sense, but after speaking with a divorce attorney in Schaumburg, IL, we can explain the details to you about how to get your divorce over with as quickly as possible.

Infidelity Is Grounds For Divorce

First off, it is important that we address the core issue here: if you catch your spouse cheating, you are 100% able to file for a divorce in Illinois. In order to pursue a divorce on the grounds of their cheating, you will need to pursue an “at-fault” divorce, which is handled differently in the court system, and there are a few reasons that this route may not be ideal for you. Read why below.

Illinois At-Fault vs. No-Fault Divorces

When you file for a “no-fault” divorce in Illinois, the process is fairly simple. You can apply for this type of divorce by submitting paperwork to the courts and claiming “irreconcilable differences,” without needing to get into the details. In order to file for a no-fault divorce in Illinois, you simply need to verify to the court that you do not think your marriage is salvageable.

If you were to file for a divorce on the grounds of infidelity, the process gets a lot more complicated and emotionally involved. If your spouse challenges your claim, you must prove to the court that your partner was unfaithful. This can expose a lot of details of your partner’s lies that you may not want to know, and can create a very emotional process.

Infidelity and the Terms of Divorce

Even though infidelity is a valid grounds for divorce, it does not play any role in the details of the dissolution. Since the division of property and alimony decisions are based on financial and/or personal responsibility issues, the infidelity plays no role in these issues. In addition, unless the infidelity shows that the cheating partner is irresponsible and possibly a danger to the children involved, it will likely not play a role in custody questions either.

Should You File For Divorce On Ground of Infidelity?

There is no straightforward answer here that covers every situation. If you found out that your partner was cheating, but they will not agree to a divorce, then you may need to file for an “at-fault” divorce where you will have to prove to the judge that your partner was unfaithful. While this isn’t an ideal option, it will work for a worst-case scenario.

If you can get your partner to agree to a divorce, then your best option is to go through the process of filing a no-fault divorce, telling the courts that your marriage is over because of irreconcilable differences, and moving forward with negotiating the division of marital assets. If you can take the no-fault route, you can avoid making a hard situation even more difficult than it needs to be.