Tag Archives: division of property

How Do I Know If I Should Divorce My Spouse in Illinois?

Wheaton, IL divorce attorney irreconcilable differencesIn 2016, Illinois became a “no-fault divorce” state. This means that, in the view of the law, the only acceptable grounds for divorce in Illinois are “irreconcilable differences.” Irreconcilable differences are defined as the “irretrievable breakdown” of a marriage in which attempts at reconciliation have failed, and any further attempts at reconciling the marriage will not be in the best interests of the family.

In most cases, a couple will agree that their marriage has experienced an irretrievable breakdown, and they will simply need to state this in the divorce petition filed by one spouse. However, if one spouse does not agree that the marriage should end, irreconcilable differences will be presumed if the couple lives “separate and apart” for at least six continuous months.

Since irreconcilable differences now apply to every divorce in Illinois, they can encompass a wide variety of reasons that people get divorced. For this post, we will focus on typical reasons for divorce to help you decide if divorce is the right move for your relationship. However, in our next blog post, we will look at some trending reasons for divorce that are less traditional but are still quite common.

Typical Reasons for Divorce

The following reasons why a couple may choose to end their marriage have been well-established, and research has shown that they continue to be common:

  • Finances—Spouses act as financial partners, and if either spouse has mismanaged the money in your relationship, especially in your joint accounts, then it can definitely create a major rift in your marriage. In these cases, an experienced divorce lawyer can bring clarity to financial matters and ensure that the division of marital debt and division of property during the divorce process is handled correctly.

  • Extramarital affairs—If you are cheating on your spouse, or your spouse is cheating on you, and neither of you sees a way to overcome this infidelity through counseling or other means, then divorce might make sense for your situation.

  • Relationship conflict—A telltale sign of marital discord is constant arguments. While it is always good to communicate with your partner about various issues, productive conversations that turn into mean-spirited arguments are bound to adversely affect both the marriage and the children.

  • Lack of communication—Conversely, without open lines of communication between spouses, there will be frequent second-guessing and uncertainty about the status of the relationship, not to mention neglect of other major issues in the marriage.

  • Spousal abuse (physical and/or psychological/emotional)—Domestic violence is a crime, and it is certainly a frequent cause of divorce. There are about 27,000 domestic battery police reports each year in Chicago alone—and there are countless other incidents of domestic violence that go unreported. Moreover, this does not account for the less overt verbal, emotional, psychological, and other abuses that may take place. If you are experiencing domestic abuse, you should speak to your local police department to learn about your options for safely leaving the relationship.

  • Addiction (drug or alcohol abuse)—Drug or alcohol addiction can lead to marital discord and neglect of familial obligations. In these cases, it is often in the best interests of the family to get a divorce. If you or your spouse needs help with addiction, contact a healthcare professional to get the care you need.

  • Getting married early in life—Life-changing events like marriage should be given careful and mature consideration. If you and your spouse rushed into marriage as high school sweethearts or young lovers, you may have found that the pressures of adulthood have caused the love of your youth to dissipate.

  • Health issues—If you or your spouse are having health problems, you will both be faced with a substantial emotional and financial toll. Some marriages cannot survive this.

  • Uncommitted relationship—Marriage takes effort. If either spouse is not fully committed to the relationship, then it might not last.

  • Religious reasons—The first stumbling block in this area might have been the type of service conducted for your marriage. Different religions make this a difficult decision. What is more, these issues do not end at the altar; someday, you might have to consider what religion to raise your kids in, if any. In other cases, one spouse might be less religious than the other, making it difficult to find common ground on numerous issues.

  • Unsupportive family—If you or your spouse are close with your family members, it might be upsetting to realize that parents, siblings, or other loved ones do not approve of the other partner. This can make it demanding to start your new life and family with your spouse while still staying close with your birth family.

Contact a Wheaton Divorce Lawyer

If any of these typical reasons for divorce seem prevalent in your marriage, and you think you may be headed for divorce, you should discuss your situation with a DuPage County divorce attorney. It is important to know what is involved in the divorce process and whether a different route, such as legal separation, might be more appropriate for your particular situation. Reach out to us at 630-871-1002 for a free consultation to see if divorce is the right decision for you.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Divorce.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/

 

How Do Mothers’ Rights Impact an Illinois Divorce?

Wheaton divorce attorneyIn recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

Many factors play a part in deciding parental rights. While the court will not necessarily address which parent is “better” or “worse,” it will consider how the decisions made will affect the child’s well-being. Some of these factors a judge will consider when determining what is in a child’s best interests include:

  • The wishes of the child’s parents regarding who will have parental responsibilities

  • The wishes of the child

  • The child’s relationship with parents, siblings, and other relatives

  • The child’s adjustment to their home, school, and community

  • The mental and physical health of all family members who are involved in the child’s life

  • The occurrence or threat of physical violence against the child by either parent

  • Any domestic abuse against the child or others in the household

  • The willingness of each parent to promote a continuing relationship between the child and the other parent

  • Whether either parent is a sex offender

Mothers play pivotal roles in the nurturing and development of their children. Therefore, they should have equal rights and a say in the outcome of a divorce, especially when it comes to future parenting.

Contact a Wheaton Family Law Attorney

There are many aspects to consider during a divorce, and decisions about parenting time and the allocation of parental responsibilities are often some of the most important issues to resolve. If you are a mother who is concerned about your rights as a divorcee, the compassionate legal team at Andrew Cores Family Law Group will explain your rights and work with you to reach a positive outcome to your case. Call a compassionate DuPage County divorce lawyer at 630-871-1002 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

Who is Considered an “Expert” in a Family Law Case?

DuPage County family law attorneyThe more complex a divorce is, the more likely there will be experts utilized to provide information to the case. These professionals are often called in by one side to help sway the court’s decisions on various elements. Attorneys can rely on an expert to help prove their client’s parenting skills, disprove the other’s parenting abilities, reveal hidden bank accounts, or prove through bank statements that the other spouse was spending marital money on an affair. Below we outline a few different types of family law experts that could play a role in your own divorce case.

Child Psychologist or Child Expert

A child expert is a psychologist who meets with parents, children, and other family members and relevant parties in order to make recommendations on a parenting plan and custody.

Forensic Accountant

Much of divorce is about asset division, alimony, and child support. A forensic accountant may be called in to assess tax issues, provide insight into a spouse’s standard of living, place value on a business, or provide information about credit card statements or cash-flow.

Property Appraisers

These experts can produce an accurate value on jewelry, artwork, vehicles, furniture, and other assets as part of marital property division. Additionally, real estate appraisers may be necessary to assess the value of a home or other property.

Vocational Rehabilitation Expert

Spousal support, often referred to as alimony, is often awarded on the basis of the receiving spouse’s ability to earn an income in the future. This income sometimes depends on that spouse’s ability to attain the necessary education or job training. A vocational rehabilitation expert may give testimony about a spouse’s potential for vocational training or education. For example, the paying spouse may use such an expert to show the court that vocational rehabilitation is possible and that alimony should be minimal or temporary, and the receiving spouse may use such an expert for the opposite reason.

Call a Wheaton, IL Divorce Attorney

If you are going through a complex or contested divorce, you need to work with an experienced attorney, who may use additional experts to help secure a favorable outcome. To get the results you want in child custody, child support, and asset division, call the dedicated DuPage County family law attorneys at Andrew Cores Family Law Group today at 630-871-1002 to schedule a free consultation.

Sources:

http://edahngolan.com/Docs/Edahn_Golan-2015_US_State_of_the_Jewelry_Market.pdf

https://www.forbes.com/sites/davidkiley5/2018/05/30/average-new-vehicle-cost-is-36000-and-loan-delinquencies-are-up/#7223848b1e84