In this episode, Attorney Brad Tengler and Geoff Carter discuss how cheating can affect your divorce. From child custody to visitation and even alimony. How can an extramarital affair affect a divorce case? Tune in to find out!
Transcript:
Recording: Law Talk does not give legal advice. It is a source of information for people suffering the effects of divorce, or who have ended long-term relationships. If you need legal advice, please retain an attorney in your own jurisdiction.
Brad: Good evening folks, and welcome to divorce talk radio. This attorney Brad Tengler, here in the studio with Geoff Carter.
Geoff: How you doing?
Brad: Fantastic, man.
Geoff: Me too. As Todd would say.
Brad: The topic is cheating in divorce, Geoff. It never happens. First of all, we know it never happens.
Geoff: I’m kind of confused though. When you say cheating in divorce, you’re saying cheating because our divorce happened because of cheating?
Brad: You’re confused that cheating never happens in a divorce?
Geoff: No.
Brad: Or confused at how I labeled the topic for tonight?
Geoff: Yeah. There you go.
Brad: Basically, just what we’re talking about is cheating in the context of a divorce situation or custody situation. Does it affect the litigation?
Geoff: I’m going to say definitely. It makes sense, at least in my eyes.
Brad: And I’m going to say you’re wrong, Geoff.
Geoff: Really?
Brad: Wrong. But we’ll talk about, may be a possible exception later on in the show. But, generally speaking, no it doesn’t. It doesn’t. That’s not what the law is. Having an affair does not, according to the law, nor should it, affect your divorce in Illinois. In Illinois. Again, we’re only talking about the context of the law in relationship to a specific state. And in Illinois, it does not affect a divorce. It does not affect custody, it does not affect maintenance. And we can talk about the specifics of that.
Geoff: Well, I hope so because I want to know why.
Brad: Which one. Custody or maintenance?
Geoff: Let’s do custody first.
Brad: Okay. So, kids. Who gets the kids? And should an affair, or does an affair according to Illinois law, effect a divorce? The straight answer to that is, No, it doesn’t. It doesn’t.
Geoff: I can see that I guess. Because, just because, the mom or dad, or whatever the situation might be. I can see why that doesn’t make them better or worse of a parent. So, it shouldn’t affect custody. I see why there.
Brad: Well, let me play devil’s advocate here.
Geoff: Sure.
Brad: Why shouldn’t it? Isn’t it immoral? According to most peoples standards?
Geoff: Correct.
Brad: Shouldn’t affect who gets the kids?
Geoff: That’s a long thought there. No, you’re right. You’re right, that is a wrong.
Brad: Well, but again, we’re not talking about right or wrong. Obviously, for a lot of people that is absolutely one hundred percent wrong. But, we’re talking about whether or not, the Illinois statutes and the law that defines the how, and who, should get custody. Is it affected by an affair or a divorce? And the simple answer is, no. Someone’s, quote end quote, “immoral acts” behind the scenes do not affect who gets custody a kid. It does not factor into the best interests. Actually, it can be barred from even testimony at trial.
Geoff: What does that mean though? How is it barred from testimony?
Brad: Well, as a divorce attorney, what we want to do, often, when we’re in a trial situation, is we want to disparage. To bring down the character of the other side. If I’m representing husband, and I know the wife has had an affair, I want to bring out dirt on her in the trial.
Geoff: Oh, sure.
Brad: But, the point is. And that dirt issue is having an affair some man for a year. Every Thursday night she’s go out have this affair. The judge would bar that as testimony[...]