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Posted on in Divorce

adultery, Wheaton divorce attorneysIt is no secret that many marriages end as a result of infidelity. About 41 percent of married people admit to having either a physical or emotional affair. Even more surprising, 57 percent of men and 54 percent of women admit to cheating at some point in their life. When an affair is one of the factors which ends a marriage, it may affect your divorce, but not in the way you might think.

Illinois is a No-Fault Divorce State

Illinois has been “pure no-fault state” since the start of 2016. This means that the state does not require divorcing couples to state their specific reasons or “grounds” for ending the marriage through divorce. Before the 2016 change, grounds like adultery or repeated mental or physical cruelty could be used as the cause of the divorce. Today, those seeking a divorce in Illinois only have one ground for filing for divorce: “irreconcilable differences.” According to the Illinois Marriage and Dissolution of Marriage Act, a judgment of divorce will be issued only if “irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.” For most couples, infidelity will not affect their divorce in any meaningful way.

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Posted on in Divorce

marital misconduct, Wheaton family law attorneyWhen you and your spouse are in the process of getting divorced, it may be because one of you conducted an extramarital affair. If you are cheated on, it can destroy your faith in the other person forever, and you may think that it gives you leverage in a divorce proceeding. However, in Illinois, any emotional damage you may have suffered is not going to have any effect on your divorce, with rare exceptions in the most unusual cases.

Marital Misconduct

Marital misconduct is defined in Illinois as any conduct that undermines the marital relationship. Most of the time, this is applied to extramarital affairs and conduct that destroys trust, but it may also include conduct that is economically dangerous or wasteful. For example, a man spending his and his wife’s retirement account savings on a new car would likely qualify. In Illinois, economic misconduct can also be referred to as dissipation of marital assets, but whether it affects property distribution depends on when the dissipation occurred. Dissipation may also simply not be worth pursuing as a claim against your former spouse, given that the money’s provenance must be established and it may cost more than was spent simply to prove you have a claim to those funds.

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email, Wheaton divorce attorneysSocial media posts have become an important source of evidence in many divorce cases. Many people falsely assume their posts are “private” and that any incriminating material–such as proof of an extramarital affair–can be concealed from an estranged spouse. In fact, many spouses have learned how to keep an eye on their partner's social media activity for just that reason.

But, what happens when a person goes even further and takes steps to monitor their spouse's email? An ongoing lawsuit suggests such activity may violate federal law. Not surprisingly, this litigation arose in the context of a highly-contested divorce.

Federal Court Reinstates Husband's Wiretap Lawsuit Against Wife

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Posted on in Divorce Grounds

Illinois divorce attorney, Illinois family lawyer, Illinois marriage laws,Recently the hackers responsible for leaking millions of users’ information from the Ashley Madison website posted a second batch of information containing an even greater number of user profile information. Many feared a sharp and abrupt spike in the number of divorces filed across the country as spouses became aware of their partner’s cheating and/or infidelity. Although it is far too early to tell if such “doom and gloom” predictions hold true, one reality television star previously in the spotlight for family-related issues has already admitted that he has been unfaithful to his wife by maintaining two accounts on the Ashley Madison website.

Is Adultery an Outdated Concept?

It seems as if our culture is not surprised anymore when allegations of adultery are either admitted to or proven true, at least in cases of celebrities and politicians. (Adultery, of course, can be said to occur whenever a married individual engages in sexual relations with a person other than his or her spouse.) One sign that our culture no longer views adultery in the same manner as it once did is the proliferation of “no-fault” divorce laws. In states that have adopted “no-fault” laws, a couple can obtain a divorce without any showing that one spouse engaged in any “bad behavior” like adultery: instead, the parties can obtain a divorce simply on a stipulation or finding that the spouses have irreconcilable differences.

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Posted on in Divorce

DuPage County divorce lawyer, financial infidelity, hidden assets, infidelity, joint finances, lawsuits for infidelity, Wheaton divorce attorneyPeople commonly treat their finances as a personal, private matter, and not something to be discussed with others. However, that changes once they enter a marriage. Couples join their lives together during a marriage, and that includes joining their finances. They have to share bank accounts, take on debt together, and make purchases for the marriage as a unit. Not every couple does so successfully though. Instead, some spouses end up being financially unfaithful.

A recent survey by the National Endowment for Financial Education discovered that one out of every three adults who have been in a relationship with combined finances admits to lying about money. Some people even lied about such basic topics as the amount of debt they owe or the amount of income they earn. Seventy-six percent of people who responded to the survey also said that when dishonesty about money occurred, it had an effect on the relationship. It even ended in divorce in 16 percent of cases.

Warning Signs 

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