Legal Question in Family Law in Illinois

wife abandoned marriage by refusing to have sex or even talk nor attempt reconciliation for 18 months. Thinking marriage was over had an affair after 18 months. Told her about it because I still felt it was wrong, now she wants to divorce on grounds of adultery. She also had some sort of relationship brewing during the time abandonment started where she was texting and calling some guy she hid from me all times of the day and night.whats my approach on answering petition and moving forward with defense?

Asked on 7/07/13, 7:24 pm

2 Answers from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

The grounds are not relevant to the division and distribution of property. You have admitted to committing adultery. What possible defense is their to that ground. Having some sort of relationship with someone is not a basis for a divorce.

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Answered on 7/08/13, 4:15 am

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Refusing to have sex is also a ground for divorce. It falls under mental cruelty. However, the real bottomline as the two of you play the blame game is that nobody cares. Neither one is going to get more property or have any greater claim to the kids based upon who cheated or who didn't.

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Answered on 7/08/13, 5:13 am

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