Mokena Divorce and Infidelity Lawyer

Attorneys Representing Clients in Cases Involving Cheating and Adultery in Orland Park and Will County

When your marriage has broken down, and you are preparing for divorce, you are likely to be overwhelmed by an avalanche of sadness, guilt, or anger, as well as a great deal of stress as you worry about your future. This emotional turmoil can be even worse if your marriage ended because of cheating or infidelity. In these cases, you may wonder about your legal options as you proceed with your divorce case, and consulting with an attorney can help alleviate some of these concerns.

The lawyers at Wakenight & Associates, P.C. have more than 95 years of combined experience, and we have worked with many clients to resolve issues in high conflict divorce cases. We will answer your questions, ensure that you understand your rights, and work with you to reach a positive resolution to your case.

Grounds for Divorce in Illinois

When a marriage ends because of infidelity, the wronged spouse may believe that it is necessary to show that their former partner was to blame for the divorce. However, while Illinois law used to recognize adultery as a reason a spouse could file for divorce, the law changed in 2016, and "irreconcilable differences" is now the only grounds for divorce recognized in Illinois. This means that when filing for divorce, a spouse simply needs to state that the marriage has irretrievably broken down and is beyond repair without providing a reason for why their relationship reached this point. Rather than expending time, energy, and money on proving that the other spouse is at fault for the divorce, it is better to proceed with the legal process of dissolving the marriage.

How Infidelity Affects a Divorce Case

Even if you do not need to prove that your spouse's infidelity was to blame for the end of your marriage, you may believe that they should be penalized for their behavior in other ways during your divorce case. However, cheating will typically not affect the decisions made during divorce. In fact, Illinois law states that decisions about the division of marital property should be made "without regard to marital misconduct."

While adultery will usually not play a role in a divorce case, one situation in which it can have an effect is when dissipation of assets has occurred. If your spouse spent marital funds while pursuing an affair, they may be required to reimburse the marital estate for this dissipation.

Infidelity will usually not affect issues related to children during divorce proceedings. However, decisions about the allocation of parental responsibility and parenting time may be affected by a parent's relationship with their new partner, especially if there are any concerns about this person's mental health or substance abuse or if they are a convicted sex offender.

Contact our New Lenox Divorce Attorneys

While the reasons your marriage ended are important to you, and they will likely have an effect on your life going forward, it is important to take a step back and approach your divorce from a legal standpoint. At Wakenight & Associates, P.C., we will address your concerns, help you understand your legal options, and advocate for your interests as you work to reach a resolution to your case. To set up a free consultation, contact our office by calling 815-727-6144. We provided skilled divorce representation to clients in Mokena, Orland Park, Oak Forest, Orland Hills, Homer Glen, Joliet, Lockport, and Will County.