Tag Archives: divorce process

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/

 

What Mistakes Should I Avoid in an Illinois Divorce?

Wheaton, IL divorce attorneyIf you are facing a divorce, you are likely to be plagued with feelings of doubt and uncertainty. While there is no “correct” way to go about the process of ending your marriage, you will want to be sure to address the various legal issues between you and your spouse in a responsible manner. The many decisions that must be made about matters such as the division of assets, marital debt, spousal support, and parental responsibilities could lead to you feel overwhelmed. Although you may be eager to resolve these matters and get the divorce process over with, it is strongly advised to carefully think out every action you take. If certain issues are handled improperly, you may face serious financial repercussions, and your relationship with your children could be negatively affected. During your divorce, it is important to avoid these mistakes:

Being Dishonest

Attempting to hide marital assets, providing your spouse with false financial information, or withholding knowledge from your ex, their lawyer, or the court could result in serious consequences. You may be penalized if you are found to be hiding money or other property, and if it is discovered that you are lying, a judge may consider this behavior when making decisions about property division or child custody. Ultimately, it is best to be as open and honest as possible during the divorce process.

Letting Your Emotions Control You

The dissolution of your marriage is the end of your partnership with your ex. The thought of moving forward into single life can be stressful and overwhelming, especially if you will also be spending less time with your children. Because of these changes, you may struggle with sadness, anger, depression, guilt, and a variety of other emotions. However, it is best to approach your divorce with a professional mindset. Putting emotions aside when addressing the legal and practical concerns of ending your marriage will help you make sure you can start your post-divorce life off on the right foot.

Not Focusing on Your Children

As you concentrate on the multitude of issues that must be addressed during your divorce, you should make sure that you are taking the time to meet your children’s needs. They are also likely to be overwhelmed with the changes that are occurring in their lives, and they are probably uncertain about where they will live and how their relationship with both parents will be affected. Explaining the situation to them in an age-appropriate manner, addressing their concerns, and emphasizing that you love them and will always be there for them can help make the divorce process easier for them and prepare your family for success once your divorce is complete.

Refusing to Compromise

Just like marriage, the key to achieving an amicable divorce is being able to reach agreements with your spouse. Working together throughout the divorce process and agreeing to compromise and find mutually agreeable solutions can make the situation much easier to manage. Mediation and collaborative law are different forms of dispute resolution that can help you and your spouse reach a middle ground.

Contact a DuPage County Family Law Attorney

A divorce can be a complex process that may take a significant amount of time to conclude. To ensure that your rights and best interests are protected throughout the legal process, it is crucial to work with an experienced attorney. At the Andrew Cores Family Law Group, we can provide you with dedicated representation throughout the divorce process, and we will work with you to reach a positive resolution to your case. To schedule a free consultation with one of our knowledgeable Wheaton divorce lawyers, contact our office at 630-871-1002.

 

Source:

https://www.huffpost.com/entry/common-divorce-mistakes_b_6057888

 

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm