How Marital Misconduct can Impact Your Divorce

The reasons for seeking a divorce are as varied as the individual couples involved. In some cases, spouses may have simply grown apart over the years. In others, there were specific behaviors that prompted a separation. While these behaviors may not impact your ability to get a divorce, marital misconduct can have impacts on other important areas of your case.

Marital Misconduct and Illinois Divorce Law

In the past, the Illinois Marriage and Dissolution of Marriage Act listed ‘fault’ grounds under which couples were entitled to seek a divorce. These included:

• Adultery;
• Abandonment;
• Habitual drug or alcohol use;
• A conviction for a felony criminal offense;
• Physical or mental cruelty.

In 2016, these laws were repealed, making Illinois a ‘no-fault’ divorce state. The only basis available now for seeking a divorce is irreconcilable differences. While marital misconduct does not factor into a judge’s decision on whether to grant a divorce, it is something that can be brought up in divorce-related proceedings.

Possible Impacts Of Marital Misconduct

In any divorce case, there are important matters that must be resolved before a final order can be issued. It is in these negotiations that marital misconduct may be a factor. These include:

• Marital property division: Any property or assets earned, acquired, or accumulated during your marriage will need to be divided between you and your spouse in a manner that is fair, but not necessarily even. If your spouse squandered assets, such as due to an affair or as the result of an addiction, you may be entitled to a greater share.
• Alimony: You may be entitled to spousal support in your divorce if you make significantly less than your spouse or sacrificed your own career or education for the sake of the marriage. However, if you are the one who engaged in marital misconduct, it will likely impact your eligibility.
• Child time sharing: Under the Illinois Statutes (750 ILCS 5/600), the judge will issue an order regarding child time-sharing and visitation. In making this order, the best interests of the child are always the primary concern. If one of the spouses engages in criminal activity, is violent, or abandons the family, it could impact his or her right to spend time with the child.  

Reach Out to Our Chicago Divorce Attorneys

At the Women’s Divorce & Family Law Group, we provide the legal guidance you need in matters that could impact your rights in a divorce. To discuss the options in your case, reach out and contact our Chicago divorce attorneys to request a confidential consultation today.