If I Cheated, Will That Make It Worse for My Illinois Divorce?

 Posted on September 19, 2023 in Divorce

Infidelity in marriage is becoming increasingly common. In some states across America, cheating could be enough for a court to grant the other spouse full custody and other beneficial terms in a divorce. In the State of Illinois, which is considered a “no-fault” state, neither spouse is considered responsible for a marriage breaking apart and both need to share parental responsibilities regardless of why they are splitting up. 

You may have cheated on your spouse, but that has nothing to do with how you are as a parent. If you are a parent thinking about divorce in the State of Illinois and you had an affair, a DuPage County, IL divorce lawyer can help you understand the process and advocate on your behalf.

What Is a No-Fault Divorce State?

In the past, people needed to prove to the courts why they deserved to be granted a divorce. They needed to provide the court with their “grounds for divorce.” Grounds generally included abuse, infidelity, or abandonment. But in 2016, the State of Illinois decided that from then on, couples no longer need to present the grounds for their divorce. Neither spouse needs to worry that their reputation will be ruined in divorce court. 

Since this decision, the only reason recognized by Illinois courts for divorce is if a couple states that they have “irreconcilable differences.” Many different things can fall under that category. This has not made it any harder to be granted a divorce. 

One main difference is that neither spouse is blamed by the courts for the dissolution of marriage. That means that everything decided about the divorce - parental responsibilities, division of assets and debts, child support, and spousal support - will be decided without a spouse’s infidelity having an effect.

How Will This Affect My Custody Settlement?

In short, it likely will not affect it at all. According to Illinois law, anything a parent has done will not influence how the court decides about parental responsibilities and the amount of time they have with their child as long as that behavior does not affect the child. 

If you move in with a partner who might pose a risk to your child, that could convince the court to limit your parenting time or introduce some other protective measure for the child. But simply put, having an affair generally will not affect how a court will decide on your and your spouse’s parenting plan.

Schedule a Free Consultation with a Wheaton, IL No-Fault Divorce Attorney

If you had an affair and are worried that this could harm your custody agreement, please call 630-364-4046 to speak to a DuPage County, IL family lawyer at Goostree Law Group. We offer free consultations and our experienced lawyers would like to put your mind at ease.