Divorcing or unmarried parents have to address many crucial child-related issues. In Illinois, parents are asked to create a parenting plan that specifically states each parent’s rights and obligations. The parents will include information about the parenting time schedule (formerly known as visitation) as well as the allocation of parental responsibilities or decision-making authority.

Research shows that about 2.6 percent of children live in single-parent homes with a parent who is addicted to illegal drugs. Another study shows that more than one in ten children have a parent with alcoholism.

If you or your child’s other parent has a substance abuse problem, it is important to know how this can impact the allocation of parenting time and parental responsibilities.

Cupid’s arrow does not always strike at the most convenient time. Sometimes, a married person meets a new romantic partner before their current marriage is officially terminated by divorce. If you are getting divorced and you or your spouse have moved in with a new romantic partner, you probably have questions about how cohabitation affects divorce in Illinois.

Adultery and Divorce in Illinois

When a married person enters into a romantic relationship before their marriage is over, this can be considered adultery. In Illinois, there are no fault-based grounds for divorce such as infidelity or abuse. All fault-based grounds were eliminated several years ago. The only ground or justification for divorce in Illinois is “irreconcilable differences.” So, you will not need to list adultery on any divorce paperwork.

Living With a New Partner Can Affect Property Division

Illinois law states that courts divide marital property without regard to marital misconduct like an extramarital affair. However, there is one situation in which having a new romantic relationship can affect asset division during divorce. If a spouse uses, spends, or sells marital property during an extramarital relationship, it could be considered dissipation of assets. For example, if you move in with a new partner and pay your rent using a joint bank account you share with your soon-to-be-ex-spouse, your spouse may be able to file a dissipation of assets claim. If the claim is successful, your spouse would be entitled to reimbursement for half of the dissipated funds.

Studies show that about 20 percent of men and 13 percent of women admit to cheating on their spouse. If your marriage is ending because of adultery, you may wonder how this can impact your divorce case. You may wonder if a cheating spouse is expected to pay more alimony or will have a harder time getting custody of their kids in the divorce. If you were the innocent spouse, you may wonder if there is a way to hold your spouse accountable for their adulterous actions during the divorce. Read on to learn more about how infidelity can affect divorce in Illinois.

No-Fault Divorce Laws

Illinois is a no-fault divorce state. When an Illinois resident seeks a divorce, the only available “ground” or legal reason for divorce is “irreconcilable differences.” Divorcing spouses do not need to assign blame for their marriage’s breakdown. They just need to affirm that they have experienced irreconcilable differences that cannot be resolved and that continued attempts at reconciliation would not be in the family’s best interests.

Child Support, Spousal Support, and Property Division

Marital infidelity does not impact spousal support or child support obligations. Support is determined by the spouses’ net incomes.

Although marriage is about much more than money, financial issues are often the crux of a divorce case. Property division, child support, and spousal maintenance all hinge upon the spouses’ financial circumstances. Some spouses try to sway the divorce outcome in their favor by manipulating financial information, hiding income, undervaluing assets, or using other unscrupulous tactics. If you are getting divorced, it is important to be aware of these tactics so you can protect your right to a fair divorce outcome.

Failure to Disclose Assets

Divorcing spouses are required to fill out financial disclosures listing their property and debts. Real estate properties, vehicles, businesses, professional practices, furniture, and other assets should be listed, valued, and categorized as either marital or non-marital property. However, some spouses fail to disclose all of their assets in an attempt to protect them from division during divorce. They may “forget” to report money in an offshore account or transfer assets to friends or family. Some divorcing spouses literally hide cash or valuables like jewelry to prevent the assets from impacting the divorce.  

Undervaluing Property

The value of the spouses’ marital and non-marital property is likely to influence the divorce significantly. Some spouses report an asset’s value as much lower than it actually is. Art, antiques, collectibles, and other hard-to-value assets may be intentionally undervalued during a divorce. Business owners may falsely claim that their business is worth much less than it actually is to avoid accounting for the business’s true value during a divorce.

For those who have never been divorced, the divorce process can seem daunting and confusing. How do I file for divorce? What happens if my spouse serves me divorce papers? Can I refuse to sign the divorce petition? These are just some of the many questions that people seeking a divorce in Kane County, Illinois may ask.

Read on to learn about the process of filing for divorce, responding to the divorce petition, and addressing divorce issues in Illinois.

The Divorce Petition Initiates the Divorce

The first official step in the divorce process is filing the divorce petition or "Petition for Dissolution of Marriage," as it is called in Illinois. Either spouse may file for divorce. Illinois is currently a no-fault divorce state so there is no need to list the specific reasons for seeking a divorce. The only ground for divorce in Illinois is irreconcilable differences.