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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Illinois, adultery is considered grounds for a fault-based divorce, but it is not a criminal offense. Illinois is a state that allows for both no-fault and fault-based divorces. In a no-fault divorce, the parties do not need to prove wrongdoing by either spouse and can simply cite 'irreconcilable differences' as the reason for the dissolution of the marriage. However, if one spouse chooses to file for a fault-based divorce, adultery can be used as a reason. While adultery may be considered in the division of assets, Illinois courts generally follow the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally. The impact of adultery on asset division and alimony is at the discretion of the court and is considered along with other relevant factors. It's important to note that the significance of adultery in divorce proceedings can vary, and consulting with an attorney can provide guidance specific to an individual's circumstances.

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Divorce

adultery

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Illinois State Code

Illinois State Code

Divorce

adultery

Articles