It used to be that adultery was the basis for getting a divorce. It would be listed as a reason in any divorce filing, and you would have to appear before a judge and prove that the infidelity occurred.
Infidelity would be considered in the granting of the divorce and possibly position the non-cheating spouse for a financial advantage. In modern times, the no-fault divorce, or more appropriately, the dissolution of marriage, means that while you may file for divorce because of cheating, the court will not consider infidelity when granting your dissolution or determining alimony. Infidelity does not mean you will get more alimony or alimony for longer.
Illinois will sometimes consider factors that might be related to infidelity when determining alimony. Read on to find out more about the impact, if any, infidelity can have on an award of alimony. Illinois law moved away from acknowledging alienation of affection claims to adopt a no-fault divorce approach.
Under this approach, there is no need to establish any particular grounds for divorce, such as adultery; instead, the only requirement is irreconcilable differences, which simplifies the process of filing for divorce. This development reflected a broader societal transition towards gender equality under the law and a move away from traditional gender biases.
The repeal of such claims not only simplified the divorce process but also reduced the potential for mudslinging and character assassination in court. This reform removed the possibility for individuals to sue a third party for contributing to the breakdown of their marriage. Defenses against such claims could be constructed arguing a lack of knowledge about the marriage. However, pre-existing marital problems were not viable defenses unless they had already substantially eroded the marital love.
