You might be concerned that an affair or adultery will impact your divorce. Marital misconduct is not taken into consideration when dividing up property in Illinois or deciding a child custody arrangement, at least not formally. For the person who has been scorned, the desire for revenge can make the divorce and negotiations more difficult. While legally there is little that can be done when it comes to marital misconduct, it often leads to a complicated divorce.
Dividing Marital Assets Complications
Figuring out how to divide up marital assets is difficult when one party is set on getting back at the other. Assets can be hidden, or finances lied about in an effort to get more out of the marriage than what is reasonably provided under the law. The attorney representing the scorned party will need to take a hard look at the reality of the situation and discuss the emotional impact of the affair with the party. The individual may become unreasonable, asking for more assets or support because of their feelings of betrayal.
The person accused of adultery might have been spending money out of a joint bank account on the affair. This can make the other party extremely upset, and negotiations will have to occur. The attorney representing the adulterer should take into consideration the emotional damage caused and look for ways to work through the divorce fairly.
Child Custody Complications
A person who cheats on their spouse may discover that they suddenly have an order of protection placed on them by the other party without notice even if the order does not have merit. The order of protection can include children, and parenting time issues quickly become a problem for the adulterer. It is important to prove that the order of protection is nothing more than revenge. If the restraining order stands, this can complicate matters for parenting time and decision making for the children. While cheating on a spouse will cause emotions to run high, this is no reason to use the children as weapons against the other party.
In conclusion, an affair or adultery does impact a divorce because it adds a layer of anger and emotional distress into the negotiations over money and child issues. A collaborative divorce can help reduce the stress involved with trying to work out child custody and money issues. Individual therapy or divorce coaches can help both parties see a way forward through the divorce. When feelings are raw, it’s important to get the emotional support you need to deal with the stress of a divorce.
I help clients minimize the destruction of divorce whether it be through the collaborative law model, the court process or mediation. My focus is on complex family law cases and representing professionals and their spouses who value a proactive solution orientated approach to their divorce. Our policy is to provide prompt responses and regular status updates to clients. Keeping the client informed about their cases is the highest priority. We as a firm are accessible when needed. Clients want a speedy resolution to their divorce or family law matter without sacrificing the best possible outcome. I am a strong advocate of the Collaborative Law and mediation dispute resolution methods for their ability to custom-craft solutions, minimize conflict and usually reduce the time of a case. Not only are we experts on family law, but we understand the impact of divorce on children and we help client’s develop co-parenting relationships. Clients deserve to be treated with kindness and empathy during this difficult time. We as a firm represent clients in a professional, ethical manner. The firm uses the latest technology to save time and make the client’s experience easier.
Recognition:
*Selected as an Illinois Super Lawyer by Super Lawyers Magazine for 2024. This distinction is limited to the top 5% of lawyers in each practice area. In 2015, selected as a “Rising Star” which is only granted to 2.5% of lawyers. Super Lawyers has a patented multi-phase process that includes independent research, peer nominations and peer evaluations.
* Chicago Bar Association Milton H. Grey Award for Outstanding Project Leadership (2012).
Involvement
*Collaborative Law Institute of Illinois (CLII) Executive Board Member
*Center for Conflict Resolution (CCR) Volunteer Mediator
*Chicago Bar Association Judicial Evaluation Committee