Does cheating matter for uncontested divorce in DuPage County?
If you have been cheated on, that’s too bad. But the best thing to do may be to move on as quickly as possible.
Cheating and impact on the divorce “waiting period”
If you want to file for divorce in Illinois, you have to be a resident in Illinois for the 90 days proceeding filing for divorce.
But aside from the 90 day “waiting period” to file, there is possibly another waiting period that has to be completed.
Whether or not you have to complete the second waiting period depends upon the “grounds” you allege for your divorce.
When you allege “fault” grounds, such as infidelity or mental cruelty, there is no second waiting period. But 99% of people don’t allege any fault grounds. Why? It’s unproductive to have a trial where one has to prove mental cruelty or infidelity – whether or not there was mental cruelty or fidelity has no legal impact on property division, for example.
Therefore, almost everyone gets divorced after alleging “irreconcilable differences” as the grounds for their divorce.
For a divorce with irreconcilable differences as grounds, by default there is a two-year waiting period between the time the divorce can be granted by the court and the time the parties began living “separate and apart.”
However, if both parties agree, the two-year waiting period can be waived, making leaving only a 6-month waiting period.
Dividing marital property
Marital property is divided when spouses get divorced. A person who was cheated on may feel wrong, but the court doesn’t punish the wrongdoer by awarded more property to the victim of the adultery.
Dissipation of marital assets
Dissipation is when, after or during the breakdown of a marriage, a spouse spends marital funds on non-marital purposes. For example, buying a secrete condo for a girlfriend. The issue of dissipation is the only area in which adultery is pragmatically relevant – though indirectly.
Spousal Support, known as “alimony”
Did your husband or wife cheat on you? If so, that hurts. But from a legal standpoint, it has no relevance to the amount of alimony that will be awarded.