I Had an Affair. Will This Impact My Illinois Divorce?

 Posted on January 22, 2024 in Divorce

Every state has its own set of rules and laws about divorce. This is true for asset division, custody arrangements, and even what is considered acceptable grounds for divorce. The State of Illinois is now considered a “no-fault state,” and irreconcilable differences are the only reason a court will accept for ending a marriage. This means neither spouse has to prove that the other is responsible for breaking up the marriage. In general terms, an affair will not necessarily affect the outcome of your divorce. If you cheated on your spouse, you should speak with a knowledgeable Oswego, IL divorce lawyer to determine how best to protect your rights and interests.

What Does “No-Fault” Mean?

Before Illinois became a no-fault state in 2016, people who wanted a divorce needed to appeal to the court and explain why. To be granted a divorce, they needed to prove why they deserved one. Once Illinois switched to the new policy, the only valid reason the courts would recognize for granting a divorce was irreconcilable differences. This broad title can include numerous things, and proving that you have such differences with your spouse is not especially difficult

The courts no longer need to find fault with either spouse and blame them for ending the marriage. All the decisions that need to be made for the purpose of the divorce settlement no longer take into account any infidelity either spouse may be guilty of. For example, custody arrangements are made regardless of an affair. The courts follow a line of thinking that one spouse cheating on the other has no bearing on how that spouse acts as a parent. As such, the amount of parental rights and responsibilities that that parent will be granted will not be influenced by the fact that the parent cheated on their spouse.

Speak with a Kendall County, IL Divorce Lawyer

If you cheated on your spouse and you are concerned about how this might harm your divorce settlement, an experienced Yorkville, IL divorce attorney might be able to allay your fears. Call [[title] at 630-409-8184 so we can explain why your worries should not stop you from pursuing a divorce and how we can advocate for your rights. We can provide you with aggressive legal guidance that will safeguard your interests and help you make the best decisions possible during your divorce.