Tag Archives: infidelity

IL family lawyerSurveys have shown that 10 to 15 percent of married women admit to cheating on their spouses, while men double that statistic, with 20 to 25 percent of married men admitting to cheating on their partners. How does infidelity affect divorce? After all, cheating is something that most married couples never get over and is one of the leading causes of divorce.

What Adultery Does Not Affect During Divorce

It is easier to first list the aspects of divorce that are not affected by adultery because adultery has no effect on most of the things that people typically assume that it does. For instance, adultery does not sway a court one way or the other when it comes to child custody unless it can be proven that the cheating spouse’s affair somehow put the child at physical or emotional harm, which is extremely rare. Similarly, adultery has no effect on child support or the parenting plan. Asset distribution almost always remains the same whether marriage end because of infidelity or some other unrelated reason. It may seem like a cheating spouse put less effort into the marriage or is setting a horrible example for his or her children, and therefore is less equipped to be a parent, but the courts generally treat a cheating spouse better than a spouse with a gambling addiction, for example. Only when the infidelity is proven to have directly affected the child in a negative way, such as exposing the child to a prostitute, will a court use infidelity to make a custody decision. The same goes for asset division. However, there is one exception to the later.

Dissipation

Illinois is an equitable distribution state, meaning that property is divided “fairly.” Under 750 ILCS 5/503, the court “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors.” As such, adultery does not affect property distribution. However, the court does recognize the misuse of marital assets, called the “dissipation” of marital assets. One type of misuse is spending marital assets on another sexual partner. For example, the court may choose to reduce the property distributed to the husband if it can be proven that he spent money on hotel rooms, jewelry, and dinners for his mistress.

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Illinois family lawyerMarriages are full of happy and tragic events. Unfortunately, some of the tragic events cause spouses to question what they really want and whether they are living their life to the fullest. Our divorce lawyers have noticed that these six life events are the ones that often lead to divorce because they distance couples rather than make them stronger:

1. Job Loss

Losing a job and worrying about finances can hinder a marriage. Income loss can change the way a couple spends their time and lives their life. It can also cause one spouse to constantly worry about the unemployed spouse and feel stressed out about being the sole breadwinner.

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Illinois divorce lawyer, Illinois family law attorneyWe have all heard it, “once a cheater always a cheater” but does cheating always point to the physical indiscretions of one partner against the other and the almost certain basis for a divorce? A recent article explores eight varying circumstances and actions that may be classified as non-physical cheating and how these activities can collapse a marriage all too quickly.

Outside Interests

There is no harm in harboring a hobby but when that activity takes away a significant amount of time from your spouse he or she may feel the same type of neglect as if you were involved in a physical relationship outside the marriage.

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b2ap3_thumbnail_infidelity.jpgA recent study, conducted in collegiate collaboration between Texas Tech and the University of Nevada, uncovered perhaps the tendency to cheat may be explained simply as a genetic predisposition found floating in your family gene pool.

The study, which surveyed an estimated 300 students, revealed that connections made between examples of parental indiscretions may have influenced up to 30 percent of students who admitted to cheating on a partner at least once throughout their adult lives. Thirty-three percent of the students further confided that the unfaithful parent was almost always the “king of the castle,” since the study also supported that men are more likely to cheat than women. The study also revealed that 44 percent of admitted cheaters hailed from a family who has dealt with infidelity, however, 22 percent saying that they have not engaged in cheating.

The study lead, Dr. Dana Weiser, shared her opinions regarding why children of cheaters can opt to break this repetitive cycle. Following are Dr. Weiser’s observations:

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adultery, DuPage County divorce lawyer, infidelity, infidelity in marriage, prove adultery, evidence of adultery, extramarital affair, extramarital relationship, grounds for divorceWhat is Adultery and How Does One Prove It?

According to a recent study, the leading cause of divorce is infidelity. However, proving adultery can be difficult. It is a very “fact-specific” analysis requiring clear evidence that one spouse actual did engage in sexual relationship with someone other than their spouse. To prove adultery, the spouse must offer some corroborating evidence in addition to his or her testimony that proves adultery by clear and convincing evidence.

Corroborating evidence usually requires another source that gives credence to a claim of adultery. Evidence of adultery can even be taken from social media websites like Facebook. Once proven, adultery can affect various aspects of the divorce proceedings--but not as much as one might suspect.

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