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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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Can My Spouse’s Infidelity Affect the Divorce Process?

Posted on in Divorce

Illinois divorce attorneyA spouse cheating can irrevocably impact a marriage and can lead many couples to divorce. For victims of an unfaithful husband or wife, emotions can run high, and focusing on the legal process of divorce can be understandably difficult. To provide the guidance that you need during a divorce from a cheating spouse, it is helpful to have a trusted lawyer by your side who can help you understand the process and focus on building a better future for you.

When Cheating Does and Does Not Affect a Divorce

When a divorce is caused by or involves infidelity, most divorcing spouses take one of two routes. They can either resolve to work together to cooperatively end the marriage or allow the infidelity to cause more drama and conflict. Our lawyers can handle either scenario and try to keep the focus on the practical matters of the divorce while being to your emotional needs.

While infidelity can potentially create a contentious atmosphere, the cheating spouse cannot be punished by the court or receive less of the couple’s marital assets than they would have otherwise been awarded simply due to being unfaithful. The court must follow the normal procedures for determining and approving marital property division and spousal support, if needed. 

However, the unfaithful spouse may be held financially accountable if it is shown they have been dissipating marital assets. Dissipation means the purposeful spending down of a couple’s joint marital assets after the marriage has begun an irretrievable breakdown. In the case of a cheating spouse, this could include spending money on trips, gifts, meals, or other expenses on their adulterous partner that would otherwise have been equitably divided between the spouses. Our lawyers can make sure that you are not getting cheated out of your fair share of assets.

The court may also take infidelity into account when determining or approving parenting time and the allocation of parental responsibilities, but only if it is determined that the cheating has or could have an impact on the children.

Trust a Hinsdale Attorney for Divorce Cases

If your marriage has been impacted by infidelity and you are considering divorce, you deserve to work with the trusted DuPage County high conflict divorce lawyers of Botti Marinaccio, LTD.. Our attorneys have experience working in high conflict divorces, including those with infidelity, and can help clients successfully navigate the process. We can help hold your spouse accountable for their actions and ensure your rights and financial future are not negatively affected by an affair. Schedule your initial consultation today by calling 630-575-8585

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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