Not necessarily in a court of law. States differ as to whether infidelity makes a difference in a divorce settlement. Illinois, for example, is a “no-fault” state, meaning a spouse’s infidelity has no effect on the judge’s final settlement decision.
Of course, cheating does matter to the parties involved. A recent public example of marital infidelity was in the news days after
Sandra Bullock received her Best Actress Oscar. According to the New York Daily News, “Ten days after her tearful, triumphant Best Actress Oscar win, Sandra Bullock was blindsided by news that her bad boy husband, Jesse James, cheated on her with a tattoo model.”
The conversations around town, as well as within the legal divorce community, centered on whether the James affair really happened and, if it did, will Bullock will stay with her husband or file for divorce.
In my opinion, a high percentage of couples not only survive infidelity, but with counseling may actually end up with stronger marriages. For now, there have been no official announcements from either Bullock or James, so public talk of their divorce is premature.
What are your thoughts about this alleged infidelity? Do you think the Bullock-James marriage will survive?
Michael C. Craven is a partner at Beermann Swerdlove LLP. He draws on his previous experience as a tax attorney to negotiate and litigate complex financial issues in matrimonial cases. He can be reached at (312) 621-9700 or via email at mccraven@beermannlaw.com. View his Divorce Magazine Profile and website.
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