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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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DuPage County Infidelity in Divorce Lawyers

La Grange Attorneys for Divorces Involving Cheatin

Attorneys Handling Issues of Cheating and Adultery in Oak Brook and Lombard

It can be absolutely devastating to learn that your spouse is having an extramarital affair. Your trust in your spouse will probably never be the same. In fact, you might even decide that it is time to end your marriage.

At Wakenight & Associates, P.C., we understand the challenges you may be facing as you look to divorce a cheating spouse. You probably feel angry and betrayed, but at the same time, you are likely to feel hurt, abandoned, and completely alone. Fortunately, you are not alone. Our skilled family law attorneys are here to help you get through the divorce process and to build the happier future that you deserve.

Divorcing an Unfaithful Spouse in Northern Illinois

It was once possible to pursue a divorce in Illinois on the grounds that one spouse committed adultery. Several years ago, however, Illinois became a "pure no-fault divorce" state. This means that all divorces in Illinois are based on the no-fault grounds of irreconcilable differences. Marital infidelity can certainly create irreconcilable differences between spouses, but in the eyes of the law, adultery can no longer be listed as the legal reason for a divorce.

The law in Illinois also prohibits courts from considering "marital misconduct"—including instances of cheating—when deciding on how to divide marital property or awarding maintenance. Essentially, this means that an unfaithful spouse cannot be "punished" for his or her behavior by the courts. Adultery may only be considered in child- and parenting-related matters if the behavior has directly impacted the children in a negative way. It may also come into play if marital assets were spent on the affair. 

Financial Considerations of Infidelity

The skilled attorneys at Wakenight & Associates, P.C. have more than 90 years of family law experience, and we know how to handle cases that involve cheating. We understand that infidelity often increases the emotion and contentiousness of a divorce, and managing stress is the key to getting through the process.

While cheating primarily affects the intangible aspects of a divorce—such as the willingness to cooperate with your spouse—there are situations in which financial considerations could be appropriate. "Dissipation" is a legal term that refers to one spouse spending marital assets for purposes unrelated to the marriage after the marriage has started to break down. Marital assets can be dissipated through gambling, personal gifts, or, money spent by a spouse on an affair. For example, if your spouse paid for trips, hotels, dinners, or expensive presents for his or her illicit lover, your spouse could be held accountable for that money during the asset division process. Your post-divorce financial well-being should not be affected by your spouse's infidelity and reckless spending.

Attorneys in Oak Brook Fighting for You

Infidelity can affect the divorce process in different ways for different couples. In some cases, a cheating spouse may be remorseful and willing to work together toward ending the marriage amicably. In other situations, the bitterness created by cheating can lead to both spouses digging in and fighting over every detail. Whether your spouse has cheated on you or a decision on your part has pushed your spouse into filing for divorce, our lawyers are equipped to help.

Schedule a Free Consultation Today

If infidelity is affecting your divorce, contact our office to get the non-judgmental guidance you need. Call 630-852-9700 for a free, no-obligation consultation at one of our three convenient office locations. Our firm serves clients in Elmhurst, Oak Brook, Western Springs, Burr Ridge, Wood Dale, Lombard, Hinsdale, Kane County, DuPage County, and the surrounding areas.

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