Tag Archives: DuPage County family law attorney

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/

 

Tips for Telling Your Child You Are Getting a Divorce

Wheaton divorce lawyer for child issuesIf your marriage has broken down, you may be considering divorce, although this decision can be a difficult one if you and your spouse have children together. While you may feel that it would be better to stay together for the sake of the children, this may ultimately not be in their best interests, since being exposed to conflict between parents can cause a great deal of stress for children. If you do decide to pursue a divorce, you will want to ensure that your children understand how their lives will change while assuring them that they will have your love and support moving forward.

Things to Remember When Talking to Children About Divorce

Telling your children that you and your spouse will be getting a divorce could result in a variety of strong emotions, including sadness, confusion, and anxiety. One of the very first reactions a son or daughter will have is the belief that he or she is responsible for the breakdown of the marriage. By assuring children that they were not at fault for the divorce in any way and explaining the situation in a way they can understand, you can help relieve a great deal of stress and anxiety. When discussing divorce with your children, it is important to:

  • Keep the conversation appropriate.

  • Avoid any inconsistent messages from you or your spouse.

  • Refrain from placing blame on the other spouse.

  • Avoid sharing any inappropriate information with your child.

  • Expect mixed emotions from the child.

  • Be available for your child, answer questions, and provide support.

While these guidelines can apply to almost any scenario, the ways in which you discuss your divorce will likely change based on the number of children and their ages. For example, if you have a teenager and a young child, it might be best to talk to each child separately so the situation can be discussed in an age-appropriate manner. However, if children are closer to the same age, it may be better to discuss the divorce with them at the same time.

 

The emotions you display while sharing this information with your child could have a direct result on their reaction. This is a conversation that will resonate with the child for the remainder of their lives. For example, if you are very frustrated and angry when telling your son or daughter about your divorce, your child will be more likely to mimic your behavior. Trying to remain calm and providing reassurance that you will continue to be a loving presence in their lives can help them address the difficult emotions they will be likely to experience.

 

When children learn that their parents are getting a divorce, they may feel alone, or they may struggle with anxiety or depression. It can be beneficial for children to speak to a counselor, and this will provide them with an open outlet where they can express their feelings and receive help from an outside party. It is also important to remember that before, during, and after your divorce, you should continue acting as a parent rather than relying on children for emotional support. You may also want to consider seeing a therapist to work through the emotional difficulties you are experiencing during your divorce.

Contact a DuPage County Divorce Lawyer

If you have chosen to end your marriage, discussing your divorce with your children can be one of the most difficult aspects of the process. While every divorce is different, seeking the advice of an experienced attorney can help you determine the best course of action to take, and by addressing child custody issues, you can ensure that you will be able to meet your children’s needs after your divorce is complete. At the Andrew Cores Family Law Group, we can work with you to reach a divorce settlement that meets your family’s needs. Contact a Wheaton, IL divorce attorney at 630-871-1002 for a free initial consultation.

Sources:

https://www.huffpost.com/entry/telling-children-about-divorce_b_3351936

https://www.parents.com/parenting/divorce/children/how-to-tell-your-kids-that-you-are-getting-a-divorce/

 

When Does an Unmarried Couple Need a Cohabitation Agreement?

DuPage County family law attorney for cohabitation agreementsCouples that choose to live together while remaining unmarried are becoming more and more common in today’s society. While there are a wide variety of reasons why a couple may not want to establish a legal partnership through marriage, they may wish to create a legal agreement that will protect their rights. A cohabitation agreement is a legally binding contract between partners, and it can establish property rights and describe how certain matters should be handled if the couple decides to break up. In any relationship, it can be difficult to consider a future without the other partner, but protecting yourself and planning for your future through a cohabitation agreement could help avoid unnecessary stress.

How Can a Cohabitation Agreement Be Helpful?

While some states recognize common-law marriage, in which a couple is considered to be legally married if they live together for a certain number of years, Illinois does not provide unmarried couples with the rights afforded to married spouses. While a prenuptial agreement may be created to help couples entering into marriage protect their assets or address what should happen in the case of divorce, these agreements only apply to married spouses. For those reside together and do not wish to be married, a cohabitation agreement can offer similar protections.

 

As with a prenuptial agreement, discussing the topic of a cohabitation agreement can be an awkward conversation between a happy couple. However, making decisions about how to address property, financial situations, and other issues in the event of a breakup can help avoid disputes in the future.

 

When considering the possibility of a cohabitation agreement, certain factors should be taken into account, including:

  • The disparity of wealth between partners.

  • Ownership of businesses and other assets obtained prior to or during the relationship.

  • Debts that are owed by one individual.

  • One partner taking a step away from the workforce to focus on life at home.

  • How expenses will be handled while the couple is living together.

If a couple has children together, issues such as child support and parenting time rights cannot officially be established in a cohabitation agreement. If the couple decides to separate, the court will make decisions about child-related issues based on what is in the children’s best interests.

Contact a Wheaton, IL Cohabitation Agreement Lawyer

There are a wide variety of reasons why a couple may choose not to get married. However, partners should still take steps to protect their rights in case their relationship ever ends. The dedicated lawyers at Andrew Cores Family Law Group can help you address your concerns and plan for your future by creating a cohabitation agreement that will meet your needs. For a free consultation, contact our DuPage County family law attorneys today at 630-871-1002.

 

Sources:

 http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=900000&SeqEnd=3000000

https://www.huffpost.com/entry/cohabitation-agreements-m_b_804769

http://www.ncsl.org/research/human-services/common-law-marriage.aspx