Tag Archives: DuPage County divorce lawyer

IL divorce lawyerHistorically speaking, the decisions made in a divorce case largely favored the woman. When spousal maintenance, or alimony, was awarded, the woman was usually the recipient. Family courts were also more likely to award the woman in a divorce case child custody, believing it was in the best interests of the child to stay with their mother. These patterns in history have led many men to believe they are already at a disadvantage before their divorce case even starts, but that is not the case.

Today in Illinois, family law judges only consider what is fair when making decisions on a divorce case. Gender is no longer a part of the decision-making process. Still, many myths surrounding men and divorce still abound in the state today. Below are the most common myths many people still believe, and the truth behind them.

Women Are Always Awarded Child Custody

The idea that women are always awarded child custody is perhaps the biggest myth involving men and divorce. At one time, this was true but today, the family court will only evaluate what is in the best interests of the child and they will make their decision based on that. Like other decisions made in a divorce case, gender is not taken into consideration when judges award one parent child custody.

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IL divorce lawyerDivorce is never easy and it brings many consequences for the people going through it. One of these consequences people do not consider is their credit score, and how it will be impacted during divorce. While sometimes, a divorce will hurt a credit score, there are ways to protect it so it is easier to move forward in your new life.

How Does Divorce Hurt Your Credit?

A divorce can hurt your credit in a number of ways. Many people feel the financial strain after a divorce because they are accustomed to living in a two-income household. When one of those incomes is no longer available, it is more difficult to make loan payments, pay bills, and more, which can ultimately hurt a person’s credit.

Additionally, during a divorce, a judge may decide that one spouse is responsible for paying debts owned jointly by the couple during property division hearings. If that happens and your spouse does not pay their portion of the payments, that will also hurt your credit score.

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IL divorce lawyerEvery couple will have disagreements in their marriage, but sometimes the issues are so serious the threat of divorce becomes a real possibility. It is important for all couples to recognize the warning signs that their marriage may be headed for divorce. It is just as critical that if you notice any of these five warning signs, you also know how to protect yourself.

The Five Warnings Signs of Divorce

 One argument is not enough to indicate that your marriage may be headed for divorce. Even if the issues between you and your spouse are serious enough to require marriage counseling, as long as the two of you are both willing to work on the problems, divorce may not be imminent. However, there are certain warning signs you should look for to determine if you may be headed for divorce. The five most common are as follows:

  • You have stopped communicating: The only way to resolve marital problems is to talk about them. If you and your spouse have stopped communicating, particularly about the issues you face, you may be headed for divorce.
  • You spend a lot of time alone: Being together is key for a healthy marriage. If you and your spouse have started spending a lot of time apart, you may not have a chance to rebuild your marriage.
  • You do not share the same goals: Couples in healthy relationships typically work towards a common goal. If you do not want the same things in life, it could be a warning sign of divorce.
  • There is no intimacy: Sexual relations are important in a marriage. Even when there are issues surrounding this, couples should still share intimate moments by holding hands, snuggling, and kissing each other.
  • There is no trust: A lack of trust is extremely detrimental to a marriage and is not usually easy to get back.

If you notice any of these warning signs, it is essential that you know how to protect yourself.

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IL divorce lawyerTiming is critical with many aspects of divorce, including when you should speak to a divorce lawyer. If you speak to a lawyer too early, you may think it could disrupt the marriage even further and leave no chance of reconciliation. On the other hand, waiting too long to speak to a lawyer could affect your rights moving forward. So, if you think divorce is imminent, how do you know when it is time to consult with an attorney? Below are a few signs that it may be time to speak to a lawyer.

When to Call a Divorce Lawyer

Like in most legal situations, it is usually best to call a divorce lawyer early in the process. The sooner you speak with a lawyer, the more options you may have and your lawyer will have a better understanding of the case when they work on it from the very beginning. Still, even though early is always best, there are two instances in which you must call a lawyer as soon as possible. Those are if you are considering filing for divorce, or if your spouse has already filed.

When you are considering filing for divorce, it is important to speak to a lawyer as soon as possible. A lawyer can outline your options and help you make the right decisions for you and your family from the very start of the process. A lawyer can also advise on the steps you need to take before even broaching the subject of divorce with your spouse. For example, a lawyer may advise you to make copies of financial statements and insurance policies. At this time, an attorney may also advise you to start thinking about your options for child custody and support.

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IL divorce lawyerMany people know the common issues they will face in divorce. Their property may be divided and if the two spouses involved have children together, child custody and child support hearings will also certainly be a part of the divorce process. However, spouses often think there is no chance of reconciliation in the marriage, which is why they have started the divorce process. What happens then, when reconciliation becomes a real possibility?

No-Fault Divorce Laws in Illinois

Since 2016, Illinois has operated on a pure no-fault basis for divorce. This means the spouse filing for divorce does not have to allege or prove their partner was at fault for the breakdown of the marital relationship. They simply only have to state that the marriage has suffered an irretrievable breakdown and there is no chance of reconciliation. The no-fault laws in Illinois can help streamline the process and allow a person to get a divorce even if their spouse does not agree to it.

While Illinois does operate under a no-fault system for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does outline certain requirements. One of these requires the spouses to live separately and apart for at least six months to show there is no chance of reconciliation, although spouses can agree to waive this requirement. The IMDMA also requires the court to determine if reconciliation is a possibility. If it is, the couple may have to attend a conciliation conference before their divorce is finalized.

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