St. Charles Cheating Spouse Divorce Attorney

Kane County Divorce Attorney Handling Cases of Infidelity and Marital Misconduct

If your divorce involves infidelity on the part of either or both spouses, you may wonder how this could affect your divorce settlement and your parental rights. Does Illinois law penalize a cheating spouse by awarding some type of financial compensation to the other spouse? Can infidelity be a factor in child custody and parenting time decisions? In most cases, the answer is "no."

At Goostree Law Group, we understand that discovering a spouse's unfaithfulness can be grievous. You may feel justified in seeking some form of retaliation against a cheating spouse beyond simply filing for divorce. However, in most cases, presenting evidence of marital misconduct will not substantially impact your divorce settlement, at least not where a judge is concerned.

When you are anxious to separate from a spouse who has hurt you, our compassionate attorneys will aim to make the divorce process as fast and easy as possible, but we will also safeguard your legal and financial best interests. We are skilled negotiators who will use our knowledge of the law to design a settlement that achieves your objectives. At the same time, we want to minimize your stress and preserve amicable relationships, particularly when children are involved. If you are struggling to see past your current situation to a better future, we have a Certified Divorce Coach® on staff to help you develop a financial plan, clarify your goals for the outcome of the divorce, and set a new direction for your life.

Our managing partner, Tricia Goostree, and our team of both male and female attorneys are well equipped to handle divorces involving marital infidelity, whichever side you are on. Each of our attorneys has been in practice for an average of 15 years, and we have extensive experience handling high-conflict divorces.

Illinois Divorce Law and the Issue of Cheating or Infidelity

Illinois is a pure no-fault divorce state. Thus, the court does not need to hear any grounds for divorce other than the generic "irreconcilable differences." Even if one spouse objects to the divorce, the court will grant a divorce once spouses have lived separate and apart for at least six months.

Illinois law generally disregards marital misconduct as a factor in most divorce-related decisions, with the intention of heading off lengthy and costly court hearings that serve little purpose. Infidelity may not play a role in decisions related to:

  • Division of property: The law states that the court "shall divide the marital property without regard to marital misconduct" (750 ILCS 5/503d). The court may, however, adjust the division of property to the extent that one spouse used marital assets to fund an extramarital affair, aka dissipation of assets. The court may also consider the terms of any prenuptial or postnuptial agreement between the parties.
  • Maintenance, aka alimony or spousal support: The law states that maintenance may be awarded as the court deems just, "without regard to marital misconduct" (750 ILCS 5/504a).
  • Parenting time and significant decision-making responsibilities: Illinois law states that, "the court shall not consider conduct of a parent that does not affect that parent's relationship to the child" (750 ILCS 5/602.7c and 750 ILCS 5/602.5e). These decisions are to be based on the child's best interests.

Contact a St. Charles Divorce Lawyer Handling Cases Involving Marital Misconduct

The attorneys of Goostree Law Group will advocate strongly for your interests in matters of divorce, family law, and criminal defense. We serve clients in the Kane County communities of St. Charles, Campton Hills, Elgin, Geneva, Batavia, North Aurora, Elburn, Kaneville, and LaFox. Contact us in our St. Charles office at 630-584-4800 for a free consultation.

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