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Cheating Spouses

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By J. Richard Kulerski, P.C.

Published:  July 17, 2004

Divorce lawyers have universally maintained that the public would be shocked if they learned what little role, if any, spousal misconduct plays in our divorce system. Misconduct does not determine who gets what. The court cannot look at the conduct of either spouse in setting monetary awards. Even in custody cases, the court won't consider misconduct that didn't affect the children.

Cheating spouses do not get punished.

Yes, this also applies to adultery. Contrary to popular belief and myth, cheating spouses are not "punished", as such, by our legal system. That may have been true 50 years ago, but our law has since changed (along with just about everything else in the world).

While Illinois requires proof of grounds for divorce, the grounds have to do with the question of whether or not a divorce should be granted and do not have to do with what each party gets or doesn't get.

Last modified:  January 11, 2005 - 07:19 AM


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