A divorce isn't easy for anyone, but it's particularly hard if you're already interested in seeing someone else. You should know that even if you separate, having a significant other isn't the best idea. Why? If your spouse finds out and has a problem with it, the situation could lead to a divorce where your spouse claims you're at fault.
Even though property is divided equitably in Illinois, a spouse could show that your actions cost them financial security or caused other concerns that could make a judge grant them more of the marital property than you were expecting.
Here's an example. If you begin a relationship with someone else while you're married, you're likely spending money on that person. If your spouse finds out, has an accountant look into where your money went and presents it to the court, there could be an argument that you have not been fair to your spouse. While there are no rules about how you should spend your money, there could be trouble if you were taking shared marital assets and spending them on a boyfriend or girlfriend. It certainly wouldn't be looked upon kindly.
In most cases, fault doesn't play a role in property division. However, if a judge has to decide on the division of your assets, you want to be on their good side. A judge who doesn't like your attitude or actions is less likely to rule in a way that you want. Therefore, it's always best to avoid doing things that could threaten your negotiations during divorce. Your Illinois family law attorney can provide you with valuable guidance.