Tag Archives: wheaton divorce lawyer

The Challenges of Divorcing an Addict

addict, Wheaton divorce lawyerAddiction issues have affected most people in some way or another. Whether they are the friend or family member of someone who fights addiction or they themselves have struggled with addiction or substance abuse, addiction can be devastating to the people whose lives are impacted by it. The National Survey on Drug Use and Health reports that 21.5 million adults and adolescents experienced drug or alcohol addiction in the U.S in 2014 alone. If you or someone close to you struggles with addiction, you know that addiction can become all-consuming. If you are married to an addict, you may have considered ending the marriage through divorce. Only those in marriage can know what is the right course of action for them, but if you are unhappily married to an addict, there are a few things you should keep in mind.

Are You Being Abused?

One of the most horrible things about substance abuse and addiction is that it can change a person into a completely different version of themselves. Substance abuse has been found to co-occur in 40-60 percent of domestic violence or intimate partner violence incidents. If you are married to an addict and are considering if you should stay or leave, one of the biggest red flags that the marriage is unhealthy is abuse. While many only think of abuse as serious physical harm, such as a husband who repeatedly hits his wife, abuse can be much subtler. Psychological abuse can include threats made against the other spouse or the children, attempts to control and manipulate the family members, or forcing the family members to be isolated from other loved ones. Sometimes romantic partners of addicts put up with abuse much longer than they should because they believe the person cannot help their behavior. Unfortunately, abusive behavior often escalates.

Does Your Partner Want to Change?

Having an addiction issue by no means guarantees that a person will never be able to lead a successful, happy life. Many people are able to overcome substance abuse issues with the help of programs such as Alcoholic Anonymous or Narcotics Anonymous. Others find the assistance they need to get past addiction issues in a religious organization or support group. Therapy and other psychological intervention have been found to significantly help those with addiction problems. However, in order for these methods to work, the addicted individual must be willing to engage with them. If your spouse is unwilling to get help in order to change his or her behavior, he or she may not be ready to change.

Considering Divorce? Let Us Help

If you have further questions about divorce or other family law matters, contact an experienced Wheaton divorce attorney for help. To schedule a free, confidential consultation at the Andrew Cores Family Law Group, call 630-871-1002.

 

Sources:

https://www.psychologytoday.com/blog/contemplating-divorce/201109/so-youre-married-addict-is-divorce-inevitable

https://www.asam.org/resources/publications/magazine/read/article/2014/10/06/intimate-partner-violence-and-co-occurring-substance-abuse-addiction

Understanding Joint Simplified Divorce in Illinois

joint simplified, Wheaton divorce lawyersDivorce is never easy. However, if you and your soon-to-be ex-spouse agree on the major issues, you may be eligible for an expedited form of divorce called dissolution of marriage, otherwise referred to as a joint simplified divorce. This option can help condense the process of divorce down from years long to mere months, in most cases.

Eligibility Requirements

Relatively few couples meet all of the requirements for a joint simplified dissolution of marriage, but if you qualify, your divorce may be concluded not in months or years, but in just a few weeks. According to the Illinois Marriage and Dissolution of Marriage, you are eligible if:

  • Both spouses agree that their marriage has ended due to irreconcilable differences (not due to any other ground);
  • You have neither children nor any interest in real property (such as owning your own home);
  • You have not filed any kind of action for divorce in another state;
  • Neither spouse makes a higher gross income than $30,000 per year (or $60,000 in gross income per year between you);
  • You have not been married for more than eight years;
  • You have less than $50,000 in joint marital property;
  • You both agree to waive any rights to maintenance from each other; and
  • You and/or your spouse have been an Illinois resident for at least 90 days before beginning proceedings.

The Process

Assuming that you and your spouse meet the requirements for a joint simplified dissolution, the process of obtaining a divorce is straightforward. You must obtain the appropriate forms from your county courthouse—or online, if your county makes them available that way—and return the completed paperwork with the necessary documentation attached. You and your spouse will need to make a full disclosure of all of your assets and liabilities. A written agreement that allocates all assets worth $100 or more is also required. If all the papers are in order, you and your spouse will need to attend a final hearing before a judge—generally, a very short proceeding. Barring unforeseen circumstances, the judge will then sign your order for divorce, making it final.

Seek Experienced Legal Help

If you need help figuring out whether or not you are able to apply for a joint simplified dissolution, or if you and your spouse have any other questions about your impending divorce, it is best to consult an experienced Wheaton divorce lawyer. Contact the Andrew Cores Family Law Group to discuss your available options. Call 630-871-1002 for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV-A&ActID=2086&ChapterID=59&SeqStart=5300000&SeqEnd=6100000

http://www.cookcountyclerkofcourt.org/?section=SERVRESPage&SERVRESPage=7065

Can an Illinois Judge Refuse to Grant Me a Divorce?

divorce, Wheaton divorce lawyerNobody wants to be trapped in a failed marriage. Depending on where you live, however, getting a divorce may not be so easy. Consider a recent story from the United Kingdom where a 66-year-old woman is fighting in an appeals court to obtain a divorce. The woman previously told a family court judge in England that she has been “desperately unhappy in her marriage for many years” and there was “no prospect of reconciliation” with her estranged husband.

Despite that, the judge refused to grant a divorce, dismissing the wife’s misery as routine complaints “of the kind to be expected in a marriage.” If the appeals court does not reverse the family judge’s decision, the wife will have to live separate from her husband for a period of at least five years before she can finally receive a divorce.

Illinois Is a Pure “No-Fault” State

Could a similar scenario play out in Illinois? Not under current law. Illinois, like England and many parts of the United States, traditionally maintained a “fault-based” divorce system, where one spouse was required to prove some sort of misconduct by the other spouse. For example, Illinois previously recognized adultery, alcohol abuse, physical or mental cruelty, or one spouse’s conviction on felony charges as grounds for seeking a divorce.

However, Illinois lawmakers decided to abandon fault-based divorce as of January 2016. Under current law, all divorces are considered “no-fault.” This means an Illinois court is required to grant a divorce if certain conditions are met, regardless of whether either spouse committed any misconduct against the other.

In legal terms, a no-fault divorce means the parties have decided to end their marriage due to “irreconcilable differences” that have led “the irretrievable breakdown of the marriage.” To meet this requirement, in most cases, the spouses may provide testimony that the marriage is beyond repair and that future attempts to reconcile would not be worth the effort.

If there is disagreement between the spouses regarding the status of the marriage, the law provides an alternative for proving irreconcilable differences. To do so, the estranged spouses must live “separate and apart” for a period of at least six months prior to the entry of a divorce judgment. Such a separation creates an “irrebuttable presumption” of irreconcilable differences.

Divorce Can Be Resolved Amicably

Just because Illinois divorce is no-fault does not mean all divorces are without controversy. Before making a divorce final, a court must still ensure certain other issues are resolved, including child custody, spousal support, and the division of marital property. This process need not involve litigation. A passionate DuPage County collaborative law attorney can advise you regarding methods of alternative dispute resolution. In many cases, mediation or collaborative law can help parties reach a mutually beneficial settlement privately and without extensive court proceedings. Contact our offices today to schedule a consultation with an attorney who can help explain your options.

 

Sources:

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

http://www.bbc.com/news/uk-38978661