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5 Questions About Affairs and Divorce in Illinois
Infidelity during a marriage is more common than many people realize. One study showed that between 20 and 25 percent of men cheat on their spouses and 10 to 15 percent of women cheat on their spouses. If your marriage is ending and you or your spouse were involved in an extramarital affair, you may have questions about how the affair will impact your divorce. It is important to keep in mind that divorce laws vary from state to state. The following information applies to divorce in the state of Illinois.
Will I Be Considered At Fault for the Divorce if I Had an Affair?
Illinois no longer has any fault-based grounds for divorce. There is only one reason that Illinois courts award a divorce: irreconcilable differences. When a spouse petitions the court for a divorce, he or she will not need to disclose any extramarital affairs. Nobody is assigned fault for the breakdown of a marriage, the spouses simply assert that there are too many differences in their marriage to be overcome and that it would be better to dissolve the marriage.
Can I Change Our Parenting Plan?
Divorcing parents in Illinois use a parenting plan or parenting agreement to lay out the terms of their custody agreement. The parenting plan describes the parenting time schedule, or when each parent will be responsible for the child, as well as how major decisions will be made about the child. If circumstances have changed since you created your parenting plan, you may be interested in changing the plan. Read on to learn the circumstances under which a parenting plan may be modified in Illinois.
Modifying Parenting Time
Parenting time or visitation is easier to modify than the allocation of parental responsibilities (decision-making authority). If you want to change the parenting time schedule, you can do so if the change to the parenting time schedule is in the child's best interests and one of the following is true:
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The parents agree on the modification.
False Accusations of Domestic Violence During Divorce
There is no doubt about the legitimacy of the domestic violence problem throughout Illinois. However, not every accusation of domestic violence is genuine. Some divorcing spouses make allegations of abuse against the other spouse simply to gain an advantage in the divorce proceedings.
False accusations of domestic violence have serious consequences, both legally and emotionally. When an accusation is made, the accused may find themselves facing criminal charges, even though they are completely innocent. This can lead to lasting emotional trauma for everyone involved in the case as well as strain on their relationships with family, friends, and coworkers.
If you are going through a separation or divorce and your spouse has accused you of domestic violence, abuse, stalking, harassment, or intimidation, this is a sign that you need a strong legal advocate on your side. Reach out to a divorce lawyer with experience defending against domestic violence allegations.
Confidentiality Agreements in Illinois High-Asset Divorce Cases
For high-income individuals, confidentiality is often an especially pressing concern during divorce. When spouses are well-known in their communities, protecting sensitive information is crucial. Whether you or your spouse are business moguls, entertainers, artists, or are otherwise well-known in your community, protecting your confidentiality may be one of your top priorities during divorce.
Confidentiality agreements or non-disclosure agreements can be useful tools for protecting proprietary or sensitive information during divorce. Read on to learn more.
Protecting Confidential Information During a High-Profile Divorce
Divorce inevitably requires spouses to exchange sensitive information, including details about assets and income, child-related concerns, debts, and much more. Understandably, many spouses worry about this information being leaked to the public or used against them. In the world of social media, information is shared across the globe in the blink of an eye. A confidentiality agreement can be used to protect company financials, personal financial information, personal medical information, child-related information, or any other facts you do not want to fall into the wrong hands.
Cross-Cultural Divorce Considerations
Interracial marriages are on the rise in the United States. Often, a romance may blossom while studying abroad and lead to marriage. Unfortunately, with time, cross-cultural differences may begin to weigh heavily on the relationship and lead to divorce. Studies show that divorce rates are 41 percent for interracial couples compared with 31 percent among spouses of the same race. At Law Office of Martoccio & Martoccio, we understand the importance of taking your differences into account during a cross-cultural divorce.
Inability to Bridge the Cultural Gap Can Lead to Divorce
Many couples from diverse backgrounds fall in love, but they are not able to ignore the cultural differences between their families. Their marriage suffers and they may decide to call it quits. They come to the realization that continuing to stay married is not in the best interest of either spouse or their children. Divorce is often a difficult and emotional decision. But if you come from a highly traditional culture, it can be even harder because your loved ones may view divorce as taboo. Divorcing spouses in this predicament should work with an attorney who understands what they are going through.
Establishing Paternity in Hinsdale, Illinois
The relationship between a father and their child is very important. Establishing paternity is significant because it protects a father’s right to be a part of his child’s life. It also ensures that the mother can pursue the financial support that she may need through child support. At Law Office of Martoccio & Martoccio, we understand that it can be a highly sensitive situation and offer our clients compassionate representation.
Acknowledging Paternity
Paternity is the legal recognition of a fathers relationship to a child. When couples are married, paternity is clear and there is no need for legal action. When a child is born at a hospital, married parents provide details for the birth certificate and no further action is needed. However, unmarried parents will need to follow certain steps to establish paternity. If both parents agree to the paternity of the child, they can sign a voluntary acknowledgment of paternity (VAP) form.
Spousal Maintenance Considerations for Women Getting Divorced After a Long-Term Marriage
An increasing number of men and women in long-term marriages are calling it quits. More than one in four people getting divorced in the country is over 50 years old, and more than half of those couples have been married for 20 years or more. Unfortunately, the financial impact is often the hardest on women who, on average, see their standard of living decline by 45 percent after a divorce. If you need help understanding spousal maintenance and how it can help you continue enjoying your current lifestyle, at Law Office of Martoccio & Martoccio we are happy to assist.
Striving for an Equitable Divorce
First of all, there is a myth that spousal support is paid by an ex-husband to his ex-wife, perhaps as punishment for infidelity. However, spousal support is awarded based on a couple's financial circumstances and needs. This is particularly significant for women seeking a mid-life divorce. Studies show that women are more likely to live below the federal poverty line compared to men.
My Spouse is Hiding Assets During the Divorce
You may have heard the phrase, “What is yours is mine, and what is mine is yours.” Such words are often uttered between couples during the honeymoon phase. But if you are getting a divorce, those sentiments can quickly go out the window. This is especially true if one spouse is trying to hide assets during the divorce proceedings. The process of identifying and dividing marital property is significantly complicated, especially in high-asset divorces, but it is important to set emotions aside to protect your rights and finances.
Shielding Assets From Division
The totality of the assets represents the fruits of your hard work, and you are entitled to what is rightfully yours. It is unfortunate, but sometimes spouses will fight to keep all the marital property to themselves. These are some ways your soon-to-be-ex may try to conceal assets during the divorce proceedings:
Women Are More Likely To Initiate A Divorce
In 2019, one million American women got a divorce and research shows that many of these women were the ones who initiated the divorce. If you are considering taking the step to end your marriage, you should know that you are likely to experience a major transition financially and personally. Working with a skilled divorce lawyer can help you navigate the legal and financial challenges associated with divorce and move on to a postive post-divorce future.
Why is Divorce Initiated by Women?
One study found that when a divorce is initiated by a woman, it is related to clashes between men and women that boil down to things such as caregiving and interdependence. Utilizing the theory of evolution, researchers found that mismatches between the sexes tend to increase the likelihood of divorce. Researchers offered the following suggestions to avoid issues that heighten a woman’s desire to seek a divorce:
Divorce Involving Domestic Violence
In Illinois, one in three women experiences domestic violence, which includes everything from physical injury to emotional abuse. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. Ending your marriage is often the best way to escape an abusive relationship, but the process is not easy. It can be intimidating to navigate a divorce when your safety is at stake. Fortunately, there are resources available that can help you take control of your situation and protect yourself and your children.
Orders of Protection
If an abusive partner threatens your physical or emotional safety, it is important to take action. Illinois law defines abuse as not only physical violence such as hitting but also harssment, intimidation of a dependant, willful deprivation, and interference with personal liberty. If you or your children are in imminent danger, you can ask the court for an Order of Protection. Emergency Orders of Protection can usually be obtained immediately in Illinois.
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