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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, IL spouse's infidelity lawyerIt can be devastating to those who decide to get a divorce because of their spouse’s infidelity. Marital infidelity can cause feelings of sadness, hurt, anger, despair, and anguish, which can all cause the divorce process to be even more stressful and combative than your average divorce. If you are divorcing because of infidelity, you may be wondering whether or not your spouse’s adultery could give you an advantage in your divorce. While the answer is typically “no,” there are certain areas and aspects of your divorce that could be affected by a spouse’s infidelity.

Wasted Assets During an Affair

When it comes to asset and property division during a divorce, Illinois is considered an equitable division state. This means that each spouse will receive a share of the marital estate that is considered to be fair and just but does not always mean each spouse will receive half of everything. In regard to infidelity, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that the court, “shall divide the marital property without regard to marital misconduct in just proportions…” which means that a spouse's infidelity will not be a deciding factor at all.

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