Does Cheating Affect a Divorce?

 Posted on January 03, 2013 in Alimony / Maintenance

Cheating is a major blow to the sanctity of marriage and the feelings of a spouse.  Since there has been a seemingly endless stream of news about famous people and their infidelities, it is a worthwhile question to ask how evidence of a extramarital affair affects divorce proceedings. Illinois is a no-fault divorce state.  This means that no grounds need to be stated to obtain a divorce, other than claiming that irreconcilable differences exist.  This kind of divorce requires a period of separation to be met before you can file.  This kind of divorce essentially means that no spouse receives any special considerations during divorce proceedings. The state also allows declaring fault as grounds for divorce; it is one of many states that allow either.  Adultery is an option as grounds for divorce and may result in a greater share of marital property or alimony.  It requires proof of an affair to be considered valid.  Be wary of trying to do your own detective work, as hacking into a spouse’s email can lead to criminal litigation. There are three ways that a cheater can be held accountable in a divorce.   The first is to have a prenuptial agreement.  Prenups can stipulate alimony increases if one spouse is caught cheating.  Another way is if the spouse used marital assets to finance their fling.  Documentation is necessary to prove this, so it may be beneficial to employ a forensic accountant who can trail money back to the affair.  The last and least likely form of retribution is a civil suit against the home wrecker.  If emotional anguish and an extramarital affair can be proven, it is possible to file a personal injury lawsuit to recoup funds from the party to adultery. If you have evidence that your spouse has cheated on you, the best next step is to consult the advice of a legal professional.  Emotions will be running high so it's important to have a foil who can help you think rationally about your possible next steps.  Contact an experienced family law attorney in Saint Charles today.