Cook County Divorce and Cheating Attorney

Lawyers Assisting With Divorces Involving Infidelity in Oak Park and Skokie

The breakdown of your marriage is likely to provoke strong emotions, especially if infidelity played a role in your decision to get a divorce. Whether an affair was a symptom of marital trouble or a direct cause of your divorce, it is likely only one element in the avalanche of legal issues and personal concerns you will need to address. To ensure that your rights are protected throughout the divorce process, it is essential to work with a skilled attorney.

At Wakenight & Associates, P.C., our lawyers have been working in the field of family law for a combined total of over 95 years. We understand the legal issues involved in a high conflict divorce, and we will answer any questions you may have about how adultery will affect the outcome of your case.

Irreconcilable Differences

When a marriage ends because of cheating, a person may wish to demonstrate that their former spouse was at fault for the divorce, and they may expect to have certain legal matters decided in their favor. However, Illinois law no longer recognizes fault-based grounds for divorce, so it is not necessary to prove that either spouse was to blame for the breakdown of the marriage. Instead, a petition for divorce will only need to state that "irreconcilable differences" have arisen in the relationship that have caused the marriage to be beyond repair. A spouse may choose to contest the divorce in an attempt to save the marriage, but in most cases, it is more beneficial to agree that there are irreconcilable differences and move on with the process of divorce.

How Infidelity May Affect a Divorce Case

Just as infidelity will not play a role when filing for divorce, it will also typically not have an effect on the decisions made during divorce. In fact, Illinois law specifically states that marital misconduct should not be considered when deciding matters such as the division of marital property or eligibility for spousal maintenance. 

However, there may be situations in which cheating or adultery will have an effect on a divorce case, including:

• Asset dissipation - A spouse may have used marital assets to pursue an affair, such as by buying expensive gifts or spending money on hotel rooms. The other spouse may file a dissipation claim and ask that their former partner be required to reimburse the marital estate for the dissipation.
• Prenuptial or postnuptial agreements - A valid, legally-executed marital agreement between the parties may state that a spouse gives up the rights to certain marital property or to receive spousal maintenance if they commit adultery.
• Child-related issues - Decisions about parenting time or parental responsibility may take a parent's relationship with a new partner into account, especially if there are concerns about mental illness or addictions.

Contact a Berwyn Family Law Attorney

When your marriage has ended because of infidelity, you are likely struggling with difficult emotions, but it is best to approach the legal process of divorce as dispassionately as possible. At Wakenight & Associates, P.C., we can help you understand the best approach to take, and we will provide you with representation throughout the legal process, ensure that your rights are protected and help you complete your divorce as smoothly as possible. Contact our office today at 708-480-9651 to arrange your free initial consultation. From our Oak Park law office, we represent divorcing spouses in Chicago, Berwyn, Riverside, Cicero, Skokie, Elmwood Park, River Forest, Maybrook, Forest Park, and throughout Cook County.