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Open Marriage, Infidelity and Adultery: Divorce Process in Chicago

What is an open marriage? What is infidelity? What is adultery? Will any of these actions impact your divorce process in Chicago?

Open marriage is typically defined as a form of non-monogamy where the couple agrees that each may engage in extramarital sexual relationships. These sexual relationships are not considered infidelity and instead establish the open marriage or relationship despite society’s implied monogamy as it relates to marriage.

Infidelity, on the other hand, is being unfaithful in a marriage. This broad definition can apply to both emotional and sexual relationships established outside of the marriage. In this instance, there is no consent by the other spouse.

Adultery is defined as sexual intercourse by a married person with someone other than their spouse. In this instance, there is no consent by the other spouse.

Do any of these actions impact the financial allocation in Chicago divorce cases? Yes and no. If monies are being spent outside of the marriage, without the consent or approval of the other party when the marriage is going through a breakdown, then those monies spent can become reimbursable to the marital estate from the offending party. The term the courts use is dissipation. However, a party cannot be penalized financially for these actions in regards to how the marital estate is to be allocated between the parties overall in Chicago property division.

The experienced Chicago divorce attorney team of Ward Family Law, LLC can help you navigate the divorce process in Chicago.  We know the questions to ask, the points to consider, and how to guide you as you consider the challenges ahead, and we look forward to helping you overcome these challenges as you begin your new life ahead!

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