When a marriage is in turmoil, it is essential to know the legal implications of each partner’s actions. Often, one of the most common reasons for a marriage breakdown is adultery. In Illinois, adultery can have a significant impact on divorce proceedings. The state has specific laws and regulations in place that govern such situations. This article delves into the legal implications of adultery on divorce proceedings in Illinois.
What is Adultery under Illinois Law?
In Illinois, adultery occurs when one spouse engages in voluntary sexual relations with someone other than their spouse. This definition is articulated in the Illinois Marriage and Dissolution of Marriage Act. However, adultery is not a criminal offense in the state, but it is considered a severe breach of trust and can impact a divorce proceeding significantly.
No-Fault Divorce in Illinois
Before delving into how adultery affects divorce proceedings in Illinois, it is crucial to understand the concept of no-fault divorce. Illinois recognizes no-fault divorce, which means that couples seeking a divorce do not need to prove that one party was at fault or committed a wrongdoing that led to the marriage breaking down. Instead, one of the parties can merely allege that the marriage is irretrievably broken beyond repair, and the court will terminate the marriage.
Adultery and No-Fault Divorce
Despite Illinois being a no-fault divorce state, adultery can significantly impact divorce proceedings. If a couple files for divorce in Illinois, either party can allege that the other party committed adultery. Once the allegation is made, the court may consider it when determining the division of marital property or maintenance awards between the parties.
Equitable Distribution of Property
Illinois courts follow the principle of equitable distribution of marital property. This means that marital assets and debts are divided equitably, which may not always be equally between the parties. The court considers various factors when making a determination, such as each party’s contribution to the acquisition of property, the marital estate’s value, and the parties’ respective earning abilities.
However, if one party commits adultery, it can significantly impact this distribution. The court may view the adulterous conduct as a dissipative behavior (wasteful spending of marital resources) and award less marital property to the adulterous spouse. This applies only if the court determines that the adulterous behavior significantly reduced the marital estate’s value.
Spousal Maintenance Awards
In Illinois, courts can order one spouse to pay maintenance (or alimony) to the other spouse after the divorce. Spousal maintenance is usually awarded to a party who has shown that they need financial support. The duration and amount of maintenance payments depend on various factors, such as the length of the marriage, each party’s income and earning abilities, and contributions made by each party to the marriage.
If one party commits adultery, the court may consider this factor when making a determination regarding spousal maintenance awards. The court can reduce the amount of maintenance awarded to an adulterous spouse or deny maintenance entirely. This depends on the court’s assessment of the circumstances surrounding the adultery and its impact on the parties, especially the innocent spouse.
Child Custody and Adultery
Illinois courts always make child custody decisions based on the best interests of the child. In most cases, adultery by one spouse does not significantly impact child custody. However, if the adultery significantly impacts the child’s welfare, such as exposing them to inappropriate behavior or substance abuse, it can impact custody or visitation rights.
Conclusion
Adultery is not a criminal offense in Illinois, but it can significantly impact divorce proceedings. Illinois courts do not punish adulterous behavior per se, but it could be a crucial factor when determining how to divide marital assets and liabilities, spousal maintenance, and child custody. Therefore, parties undergoing a divorce in Illinois need to understand how adultery can impact their legal rights and work closely with experienced legal counsel to present their case to the court.