Does My Misconduct Matter in My Divorce?

child support payments, divorce and misconduct, DuPage county child support attorney, file for child support, illinois spousal maintenance, marital misconduct"Does my misconduct matter in my divorce?"

If you can answer "no" to the question, "Is there anything you've done you can't tell your mother about?" then you probably have nothing to fear in your divorce case regarding your prior misconduct.

However, like most things in life, there is often more to it.

Where Misconduct Does Matter in a Divorce Case

Misconduct matters in a child custody case, but only if what you have done wrong impacts your child. Otherwise, misconduct does not matter.

  • 750 ILCS 5/602 (b) - "The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child."

Misconduct does matter in a child visitation case, but only if the misconduct seriously endangers the child's physical, mental, moral, or emotional health. Then the misconduct is counted against you. And in this situation, reasonable visitation is not allowed and there a basis to suspend, supervise, or restrict your visitation.

  • 750 ILCS 5/607 Visitation (a) - "A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health."

Where Misconduct Does Not Matter in a Divorce Case

  •  750 ILCS 5/503 (d) - In dividing assets and property you and your spouse acquired during your marriage, it is to be divided in Illinois without regard to marital misconduct.

  • 750 ILCS 5/504(a) - If the divorce court orders you to pay your spouse maintenance or support, his or her marital misconduct by the receiving spouse does not permit the court to deny maintenance.

The exception, however, is if you are receiving maintenance. You cannot reside with another person as a couple on a continuing conjugal basis. This is considered misconduct and can cause maintenance to be denied or terminated after the divorce.

If you have concerns regarding misconduct and child custody, or are interested in filing, contact a DuPage County child support attorney at 630-920-8855.

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