Marital infidelity and divorce

On behalf of The Walters Law Group, Ltd. posted in Divorce on Wednesday, October 9, 2013.

Illinois residents going through a divorce know that there is often bitterness between the parties when a marriage is breaking up. This can be especially true if the decision to file for the divorce is the result of the infidelity of one of the spouses. Whether this behavior will be taken into account during divorce proceedings depends upon the laws of the state in which the divorce is filed. States with no-fault divorce laws generally do not consider any past behavior when determining whether to grant a divorce. An exception is made when there are minor children involved. If the unfaithful spouse’s behavior is seen as harmful to the well-being of the children, then the court can take the infidelity into consideration when making custody and visitation decisions. Most experts will recommend that the couple take a little time to heal before deciding to end the marriage as a result of one spouse’s infidelity. Emotions are running high right after the cheating is revealed, and it is possible that the passage of time will make it easier to work through the situation. If there are children involved, it is important to remember iinfidelity is an adult issue that should be kept between the parents. There are many issues that come up during a divorce, and infidelity is probably one of the most painful. If a person has determined that the marriage is too damaged to continue, a divorce attorney may be able to offer suggestions on how best to proceed. An attorney may be able to recommend strategies for property divisions and custody agreements that are acceptable to both parties.  

Source: Huffington Post, “Divorce Confidential: A Cheating Heart and Its Role in Divorce“, Caroline Choi, October 01, 2013