Differences Between Infidelity and Adulty and Their Potential Impact on Divorce

 Posted on May 19, 2023 in Divorce

Regarding marital issues and divorce, the terms “infidelity” and “adultery” are often used as if they are the same thing. However, there is a legal difference between them, and it is important to understand what the difference is, particularly in Illinois, which is a no-fault divorce state. As always, if you are getting a divorce, get in touch with a divorce lawyer to obtain legal representation as you look to dissolve your marriage.

What is Infidelity?

Infidelity, or marital misconduct, is a broad term that covers a range of behaviors that can damage the marital relationship. This can include emotional affairs, such as having a close relationship with someone outside of the marriage, or physical affairs, such as kissing, embracing, or sexual activity with someone other than your spouse. Infidelity can also include financial misconduct, such as hiding assets or draining the marital estate.

What is Adultery?

Adultery specifically refers to sexual activity with someone outside of the marriage, and it is generally considered the most severe form of marital misconduct. In some states, adultery can be grounds for divorce. However, Illinois is a no-fault state, which means that neither spouse has to prove that the other spouse committed an act of marital misconduct to obtain a divorce.

Do Infidelity or Adultery Have Any Relevance in an Illinois Divorce?

Just because Illinois is a no-fault divorce state does not mean that infidelity or adultery are automatically non-factors in a divorce. While neither can be used as a reason for the divorce, they can still have an impact on the divorce settlement. For example, if one spouse spent marital funds on an affair, this may be determined to be a dissipation of assets, which may be taken into consideration when dividing property. Moreover, if compelling, tangible, and conclusive evidence can be provided that your extramarital affair will have a negative effect on your child’s wellbeing, this may affect matters related to the child and the divorce.

Believe it or not, adultery is actually a crime in Illinois, able to be prosecuted as a misdemeanor. However, the chance you are charged with adultery is very, very low. It is one of those crimes that is technically on the books but is considered outdated and generally irrelevant.

Contact a Rolling Meadows Divorce Attorney

Contact the experienced Arlington Heights divorce lawyer with Law Offices of Donald J. Cosley for the highest quality legal representation in your divorce. Call 847-253-3100 for a free consultation.

Source - https://www.survivedivorce.com/divorce-laws-in-illinois