As of 2016, Illinois is a no fault divorce state. Therefore, courts no longer assign fault in a divorce case, but instead consider spouses equally responsible for the divorce. Spouses need only claim that they have irreconcilable differences, that they have tried and failed to reconcile, and that any further attempts are impractical and do serve the family’s best interests in order to get a divorce.
That said, sometimes spousal misconduct can impact a divorce settlement. Say for example, a spouse is unfaithful and dissipates (spends) marital assets to carry on an affair. Even though fault is not found in the divorce because of their infidelity, the marital assets they squandered wining and dining the other man or woman can be recovered as part of the division of marital property.
Another example where misconduct could impact the outcome of a divorce might involve a parent with a drug or alcohol problem or engages in criminal activity which directly impacts a child. Child neglect or abuse that stems from substance abuse or illegal activity can figure prominently in a child custody determination. Sole parenting time or parental responsibility may be awarded to the other parent, at least temporarily, if there are issues that potentially endanger a child.
When you are considering divorce and have questions, contact the Lake county Illinois family law offices of Ronald L Bell & Associates for immediate assistance today at 847-495-6000.