Can I Sue My Husband for Cheating in Illinois?

 Posted on June 01, 2023 in Infidelity

When a spouse cheats, it can be very damaging to a marriage. It causes emotional pain and can make it hard to trust again. Some people may wonder if they can take legal action against their unfaithful spouse in Illinois. This blog post discusses the possibility of suing a cheating spouse in Illinois, providing information about the legal system and things to consider if you are dealing with this situation.

Understanding Illinois Divorce Laws

Illinois is a no-fault divorce state, meaning the court does not require a spouse to prove fault or misconduct to grant a divorce. Courts focus on the irretrievable breakdown of the marriage, rather than assigning blame for the failure. This approach is aimed at promoting amicable resolutions and efficient proceedings while protecting the parties involved, especially when children are part of the equation. In other words, infidelity alone is not grounds for divorce in Illinois.

Civil Lawsuits for Infidelity

While Illinois law does not permit spouses to sue each other solely on infidelity, there are limited circumstances where a civil lawsuit may arise due to a spouse’s extramarital affair. For example, if the cheating spouse has spent substantial marital assets on the affair, the affected party may be able to pursue a claim for the dissipation of marital assets. This typically requires evidence of significant financial misconduct, such as using marital funds to finance the affair. To provide evidence in such cases, spouses often rely on financial records and sworn testimony.

Emotional and Relational Consequences

While cheating can have significant emotional and relational outcomes, pursuing legal action solely for infidelity in Illinois can be challenging. Since no criminal penalty is associated with adultery, it cannot be used as evidence in a civil court.

The main focus in divorce cases tends to be on dividing assets fairly, arranging child custody, and determining spousal support. To make sure your rights and interests are protected during this process, it is essential to consult with an attorney who can provide guidance tailored to your particular situation.

Contact a Kane County Family Law Attorney

Although there is no direct legal recourse for suing a cheating spouse in Illinois, it is crucial to comprehend the subtleties of divorce laws and possible legal measures when dealing with the consequences of infidelity. Collaborating with an Illinois divorce lawyer can aid in navigating the intricacies and ensuring a resolution for everyone involved. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to get started.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-35

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0