Infidelity: A Leader in the Divorce Blame Game

 Posted on April 25,2014 in Uncategorized

Cheating, even the word brings to the forefront the realization of broken promises and deep emotional pain for the afflicted spouse. According to a recent Fox News article, the instances of married couples who cheat is on the rise. Fox also points out that although communication is the leading contributor to couples contacting a divorce attorney, infidelity ranks number two on the break-up countdown. So how does the experts define infidelity and will your cheating spouse's transgressions affect your plans to initiate divorce proceedings?

Defining Infidelity

With the ever expanding internet and social media accessibility, defining the act of infidelity has become a bit clouded. The Infidelity Facts website reports that the opportunity presents itself in at least 47 percent of all marriages. With sexting in the picture accompanied by remote sex sites, there is difficulty calculating a valid divorce infidelity connection. For those cheaters engaging in the physical act, the definition becomes clearer.

The Numbers Game

A survey conducted by the University of Chicago suggests that at least 25 percent of married men have cheated. Alarmingly, the women in Chicago are not far behind; at least 17 percent have admitted to cheating.

Unfortunately, the survey also concludes that only 35 percent of marriages survived the betrayal. The study further concludes that since varying studies produce different statistical results, compiling data on cheating and divorce is virtually unachievable.

Further Complications

It appears that the data contrived by marriage counselors and divorce attorneys is lacking in solid numbers. Although infidelity holds a high ranking factor for divorce other issues, such as the previously mention of lack of communication, family interference, cultural differences, addiction, finances, intimacy issues and arguments over parenting style still find their way onto the list of why couples choose to call it quits.

Infidelity and Divorce

Although your decision to divorce weighs heavily on your spouse's decision to contribute to the marital breakdown, his or her actions may not even matter to the court. Although you are shaking with anger, states adopting no-fault divorce statutes will not even take into consideration that your spouse decided to spend many a nights away from home, but it could matter when it comes to discussing spousal support. If you can attest that your spouse spent money on his or accomplice, you have a valid prenuptial agreement on hand or contracted a sexually transmitted disease (STD), you may receive additional compensation. In the event you did contract a STD, your spouse may face civil or criminal charges depending upon the severity of the situation.

No matter the reason your spouse decided to stray, the emotional toll on yourself and your family is probably at an all time high. Legally, you need an experienced divorce attorney who can guide you through the divorce process as your legal advocate while you tend to the emotional needs of you and your family.

For those residing in Illinois, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) does provide for no-fault divorce and often, although taken into consideration, your spouse's infidelity will be immaterial as the judge rules on dissolution of your marriage on marital misconduct.

To learn more about divorce in Illinois, contact the experienced legal team of A. Traub & Associates. We will explore all your options and provide you with answers to all things divorce. Although your spouse's decision to cheat may not be as relevant to the Illinois court, it is to us. We will work with you in the areas of maintenance or spousal support, child support and the fair and equitable distribution of marital property. To begin the healing as well as legal process contact us today at 630-426-0196 to schedule your initial consultation.