This is not the 1950’s. The current state of Illinois law does not care about whether your spouse cheated on you. In fact, the Judge will not care if both you and your spouse are juggling three romances each (unless the children are harmed). Isn’t this eye-opening? Stop watching old movies! Misconduct by your spouse doesn’t effect property division in your case, and will not even effect custody if the misconduct does not effect the children. In short, it hurts one’s feelings, but you must move on.
Having said that, Illinois law does provide an option to punish a cheating spouse, called a dissipation claim. You can help your own case here by obtaining any and all information/proof you can regarding your spouse’s spending habits on this love interest. Your attorney can also assist with information gathering in the form of subpoenas. A subpoena can force banks, hotels, and other retailers to provide detailed information on a cheating spouse. Depositions, out-of-court testimony with a court reporter present, is also a tool your attorney can use on both the love interest and your cheating spouse. This dissipation claim process is the best way, and one of the only ways, to address a cheating spouse. If such an investigation turns up large sums of money spent by your spouse on a love interest, your spouse may have any final property distribution offset by the amount of marital funds spent on their love interest.
“Becoming educated on the divorce process and your options is a path to settlement versus bitter revenge.”
For a free consultation, Call: (312) 325-7330
Reno R. Renzetti Attorney At Law 225 W. Washington, 22nd Floor Chicago, Illinois 60606
