Can I Get a Divorce If My Spouse Has Committed Adultery?

couple arguing on couch

If your spouse has committed adultery, you may think that this is a good enough reason to take them to court and divorce them. Many people would agree with you, but adultery alone is not actually grounds for divorce in Illinois. If that seems confusing, a Tazewell County contested divorce lawyer can answer your questions and let you know what the next steps are.

What Is Considered Grounds for Divorce in Illinois?

Adultery is not technically grounds for divorce because of recent changes in state law. The grounds for any divorce in this state now need to be “irreconcilable differences.” This means that you and your spouse have reached a point where you cannot work things out at all, so you must move on.

Now, adultery can pretty obviously be a cause of irreconcilable differences. If your spouse cheats on you, that is a massive breach of trust. Many people cannot get past that or forgive their spouse. In cases like these, filing for divorce does make a lot of sense and would be completely acceptable based on the rules set by the state.

Will Adultery Affect How Assets Are Distributed?

One of the most important parts of the divorce process is dividing up the property. The state wants to divide up the marital assets in the most equitable way possible. This does not really change just because of a spouse’s infidelity. This is because the court is not really in the business of punishing people here. Your spouse did a bad thing, but that does not mean that you should get a piece of property over them.

However, there is a big exception here. If the unfaithful spouse spent enough money from their marital assets on an affair, that could affect how property is distributed. Now, splurging for a few hotel rooms or dinners is one thing. That probably will not really attract the judge’s interest. Big spending like buying real estate or a vehicle for an affair partner can definitely change the calculus though. This can be seen as a “dissipation” of marital funds. The judge could adjust how property is divided so that the cheating spouse gets less than you do.

Can My Spouse’s Adultery Affect Child Support and Visitation Agreements?

Again, for the most part the court is not in the business of punishing people in these kinds of situations. Your partner may have cheated, but that does not mean that they are not a capable parent. They should still be able to see their children unless their infidelity somehow presents a danger to the kids.

Speak to Our Legal Team Today

When you are ready to file for divorce, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation and tell you more about the divorce process in Illinois and how our legal team can be of assistance.

Read Our

Recent Blogs

Can I Appeal a Family Law Decision?

If you really think that the family court got things wrong, you may want to appeal the decision. It’s an understandable impulse, but you…

Read More
How Do I Change My Name After A Divorce?

There are many things to take care of when you are getting a divorce, and one important thing that many people should not skip…

Read More
Do Courts Consider a Child’s Preference in Custody Determinations?

When you are trying to find the best custody arrangement for your children after a divorce, many factors have to be considered by the…

Read More

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.
Group of attorneys