A South Barrington, Illinois, couple recently celebrated their 10th wedding anniversary. The wife took great care to plan an anniversary celebration at a charming restaurant in the Foundry in South Barrington. She was surprised to find that one of her and her husband's mutual friends, whom her husband had dated long before they were married, came to their anniversary party. She noticed her husband spending a significant amount of time chatting with this woman.
Later that night, she noticed his cell phone buzzing. She noticed an incoming text message and saw that it was sexually explicit. She discovered that her husband has been having an affair with this woman for over a year. Her husband has been begging her to forgive him and remain married, but she has completely lost trust in him. Devastated, she is now pursuing a divorce.
Seeking a Divorce After Discovering Adultery
Learning that your spouse has been cheating on you is devastating, making it difficult to trust your spouse in any capacity. Beyond the hurt of being rejected by someone you love, spouses who have been cheated on feel a sense of betrayal. This sense of betrayal makes everything involved in the divorce more difficult. A spouse who has been cheated on may feel like an injustice has been done to them, understandably. They may want the court system to punish their cheating spouse during the divorce proceedings. What role does adultery have in an Illinois divorce?
Prior to 2016, Illinois law recognized multiple grounds for divorce, including adultery. However, since 2016, Illinois has been a no-fault divorce state. Now, Illinois only recognizes one ground for divorce — irreconcilable differences. Irreconcilable differences mean you tried to work out the problems in your marriage but could not resolve them. Proving irreconcilable differences is relatively easy. You will simply need to testify that you have not been able to resolve your issues or that you have been separated for at least six months, automatically proving the existence of irreconcilable differences. In other words, you will not need to prove that your spouse has committed adultery to obtain a divorce in Illinois.
Adultery and the Dissipation of Assets
You may be able to claim that your spouse has engaged in the dissipation of assets if they have been having an affair. In an Illinois divorce, a family court judge must fairly divide your marital property. Before they can divide your marital assets, they will consider the dissipation of the value of the marital and non-marital property. When one spouse has spent money on a purpose unrelated to their marriage when the marriage is undergoing an irreconcilable breakdown, the court will consider this a waste of marital assets. As a result, you can make a claim on any money your spouse has spent on dates, vacations, or gifts for their new lover.
Discuss Your Case With a South Barrington Divorce Lawyer
Have you discovered that your spouse is cheating on you in South Barrington, Illinois? Would you like to discuss the divorce process? If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.