Lawyers Addressing Issues Of Infidelity In Divorce
Has your spouse been unfaithful?
You are likely feeling betrayed and angry. You may also be experiencing feelings of abandonment and loneliness. Discovering that a spouse is having an affair could cause deep emotional pain. It can be difficult and sometimes impossible to restore trust in the relationship. Sadly, infidelity can even lead to dissolution of a marriage. If you are contemplating ending your marriage, you need the advice and council of someone who knows what lies ahead.
The compassionate attorneys at Botti Marinaccio, LTD., have helped hundreds of families work through the challenges of the divorce process. We understand it is hard to deal with the emotional firestorm associated with infidelity while trying to stay focused on the details of the legal process. Let us assist you in navigating through your divorce so that you can begin building a happier future for yourself and your children.
Grounds For Divorce In Illinois
For many years, adultery by one spouse was grounds for divorce in Illinois. In 2016, however, Illinois lawmakers eliminated all grounds for divorce, except the no-fault grounds of irreconcilable differences. The change made Illinois a “pure no-fault divorce” state. Obviously, infidelity can cause irreconcilable differences in a marriage, but you cannot list adultery as the basis for your divorce.
Illinois law also provides that courts are not permitted to consider “marital misconduct” when making decisions regarding spousal support or marital property division. Marital misconduct includes domestic abuse, cheating, and other destructive behaviors. In effect, the court cannot “punish” an adulterous spouse for his or her infidelity. Infidelity can be considered in parenting- and child-related matters, but only if the infidelity has had a direct negative impact on your children.
The Financial Impact Of Adultery
The knowledgeable lawyers at Botti Marinaccio, LTD. have decades of experience in the practice of divorce and family law. With our background, we know how to handle divorces that involve infidelity. We recognize that adultery and accusations of cheating tend to escalate the emotion and conflict of a divorce. Managing these emotions is the key to successfully navigating the process.
In most cases involving infidelity, it is the intangible elements of the divorce that are most affected, such as the willingness to work together to reach a resolution. There are, however, situations, where adultery could have financial implications as well. Under Illinois law, the term “dissipation” refers to the use of marital assets by one spouse on purposes not related to the marriage while the marriage is undergoing an “irretrievable breakdown.” Marital funds can be dissipated through gambling, drugs, or spending money on an illicit affair. Trips, dinners, hotels, and expensive gifts for a lover could all be considered dissipation, and we can help you hold your spouse accountable for such spending. Your spouse’s cheating should not affect your financial well-being in the wake of your divorce.
Trusted Divorce Counsel In The Chicagoland Area
At Botti Marinaccio, LTD., we know that there are many ways in which infidelity could affect the divorce process. For example, an unfaithful spouse might show true remorse and be willing to make up for his or her behavior by cooperating in resolving the issues of the divorce. In other cases, the conflict created by adultery could cause both parties to dig in and fight over the details.
Whether you have been hurt by a cheating spouse or you made a choice that prompted your spouse to file for divorce, our attorneys can help. We handle each case with composure and patience, as well as the ability to communicate with our clients. With our skill and experience both outside and inside the courtroom, you can rely on us to provide the guidance you need.