I was Cheated On By My Soon-To-Be Ex-Spouse In Chicago. Am I Entitled To More In My Divorce?

Infidelity is certainly a reason that couples consider divorcing. Whether one spouse is blindsided catching their husband or wife in the act of cheating, or the cheating spouse comes clean in a heartfelt confession, an act (or repeated acts) of infidelity is an event that many couples cannot overcome, and that leads to the immediate or eventual breakdown of the marriage to the point that the relationship cannot be fixed. For the spouse that was cheated on – and not the cheater – feelings of humiliation, anger, and sadness may also be accompanied by a strong feeling of injustice. If cheating was the reason that the marriage has been destroyed, the spouse that was cheated on may feel that they are entitled to whatever they want in the divorce. The spouse that was cheated on may also feel like they want to bring up the fact that infidelity in the marriage occurred during the divorce proceedings in order to get the truth out there, to punish their soon-to-be ex-spouse, and as support for their position in front of a judge. In sum, spouses who have been cheated on in Chicago may wonder: If I was cheated on, don’t I get more in the divorce? Can’t I punish my ex? The answer is probably not.

“No-Fault” Divorce States and Chicago Divorces

At the outset, whether a fact such as infidelity is relevant to the divorce proceedings turns on whether the law of the state in which the divorce proceedings are situated is a “no-fault” divorce state. In “no-fault” divorce states, marital misconduct – such as infidelity, abuse, deceit, etc. – is not something that must be proven in order to get a divorce. In “no-fault” divorce states, a person filing for a divorce must only show that the marriage is “irretrievably broken” as grounds for seeking the divorce. Accordingly, in “no-fault” divorce states, incidents such as adultery and infidelity are not relevant to the court’s consideration of things like the payment of child support, property division, alimony/spousal maintenance, and other important determinations in the divorce. In sum, as angry as one spouse may be about the other spouse’s cheating and infidelity, the fact that such events occurred during the marriage is typically not relevant and cannot be used to punish the cheating spouse in court.

Help in Chicago with a Chicago Divorce

If your soon-to-be ex-spouse cheated during your marriage in Chicago, this is a fact that you will want to discuss with an experienced Chicago divorce lawyer. An experienced Chicago divorce lawyer can listen to all of the details of your marriage and divorce story, and can advise you as to your rights, options, and next steps. A Chicago divorce lawyer can advocate for you to get the best result possible in your Chicago divorce. Contact the law offices of Birnbaum Gelfman Sharma & Arnoux, LLC today and speak to an experienced Chicago divorce lawyer about your case and to see if they can help you with your Chicago divorce.