DuPage County divorce lawyerWhen things are going well in your relationship with your spouse, it is almost impossible to consider that he or she would ever hurt you, let alone be unfaithful. In all honesty, instances of cheating are not often the result of one spouse trying to hurt their partner. Instead, infidelity is usually a manifestation of deep, serious relationship issues, such as poor communication, overall discontent, and feelings of loneliness. An episode of infidelity, however, could be the proverbial last straw that prompts the offended partner to file a petition for divorce, sometimes with the expectation that the unfaithfulness will afford the filer additional benefits during the process of divorce.

Legal Considerations Regarding Infidelity in Divorce

If your spouse has cheated on you, it is entirely understandable for you to feel angry and betrayed and to hope to hold your spouse responsible for his or her hurtful choices, especially if you feel that his or her actions are responsible for destroying your marriage. However, unless you have a valid prenuptial agreement or postnuptial agreement that includes an unfaithfulness clause, you will probably not receive any extra considerations under Illinois law.

Unlike some other states, Illinois no longer allows for infidelity to be listed as grounds for divorce. In fact, all fault-related grounds were eliminated in 2016, and the only acceptable grounds for divorce is a marital breakdown due to irreconcilable differences between the spouses, no matter what else might have happened during the course of the marriage. Illinois law also expressly forbids the court from taking “marital misconduct” including infidelity into account when deciding on spousal support or allocating marital property. However, it is possible that you could recover marital funds that your spouse spent on an affair by filing a claim of dissipation.

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DuPage County divorce attorneyFor many people, divorce is an uncomfortable topic. In the 1980s, the divorce rate was as high as 40 percent in the United States. While this rate has been on the decline over the past few decades, this is small comfort to those who are going through the difficult process of ending their marriage. There are many factors that may make you want to leave your spouse, and informing your partner about the desire to get a divorce is never an easy task.

Why Do People Get Divorced?

In 2018, the most recent year for which data is available, there were more than 780,000 divorces or annulments in the United States. While infidelity is a common reason couples choose to end their marriage, many people are able to repair their relationship through marriage counseling. Here are some other factors that tend to contribute to couples getting divorced:

  • Getting married too young - Research shows that the “best” age to get married is between 28 and 32. People who get married before the age of 25 are more likely to get a divorce.

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Posted on in Reasons for Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois marriage laws,Problem gambling can destroy a marriage and family. The National Council on Problem Gambling reports that, in 2008 between one quarter and one half of spouses of compulsive gamblers have been abused by their spouse/the compulsive gambler. Furthermore, a 2002 study of emergency rooms across the nation found that the rate of domestic violence increased by 10.5 times when the victim’s intimate partner was found to be a problem gambler. And one 2000 study found that problem gambling is as serious of a risk factor for domestic violence as alcohol abuse.

When you decide to divorce your spouse because of problem gambling, what role will your partner’s gambling habits (and the behaviors and results that flow from these habits) play in the divorce proceedings?

Is Gambling a Ground for Seeking a “Fault-Based” Divorce?

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