Tag Archives: Illinois divorce laws

Il divorce lawyerAlthough there is a dispute about divorce rates in the United States, it is common knowledge that many people that enter into marriage end up getting a divorce. Still, that does not mean that everyone in a marriage is in a happy relationship. Some couples remain married only in name, but they are no longer as happy as they once were. This is a phenomenon known as invisible divorce, and it is very important that individuals recognize when they are involved in one.

What Is Invisible Divorce?

An invisible divorce is a marriage in which the two spouses are married in name only. They no longer share the affection they once did, and may not share the matrimonial bonds that kept them as a loving couple. Instead, the relationship resembles something more like roommates or co-workers. In many instances, spouses in this situation find that they still love their spouse, particularly if they have children together. However, the type of love they now feel is different than the feelings they had when they were married.

So, when two couples are in an invisible divorce, what is the problem? After all, the spouses are not fighting and arguing, so why go through a lengthy and possibly costly divorce procedure? The answer is because, just like people going through an actual divorce, individuals in an invisible divorce are not happy. Sometimes, one or both spouses do not even realize that they are unhappy, or they know they are, but do not want to go to the trouble of getting a divorce.

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IL divorce lawyerIt is natural to think that when getting a divorce, you should be able to point out any fault your spouse may have had in the breakdown of the marriage. This is particularly true if your spouse engaged in hurtful behavior, such as having an affair or domestic abuse. Many spouses are surprised to learn that Illinois is a no-fault divorce state, which means there are no grounds for divorce. However, that does not mean that if you or your spouse is at fault for the divorce, it will not have an effect on the proceedings.

Irreconcilable Differences and No-Fault Divorces

In Illinois, a person only has to state that they and their spouse have irreconcilable differences to get a divorce. This means that there has been a breakdown of the relationship so severe that there is no chance of reconciliation. One person does not have to prove fault and the two spouses do not have to agree on the divorce. If one person files, the divorce will proceed.

How No-Fault Divorces Benefit Spouses

People sometimes find it frustrating that they cannot file for divorce based on their spouse’s bad behavior. After all, if a spouse cheated, the other spouse should be able to use this against them in court. However, there is very sound reasoning for Illinois moving to no-fault divorces.

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IL divorce lawyerIt is always a difficult situation when two people get divorced and, at least until it is final, have to live in the same home. There is typically tension between the two parties, and that stress can filter throughout the house. When children are involved, they can feel it too, and that can become unhealthy. In some instances, it may be possible for one spouse to evict the other from the marital home and take exclusive possession of it. Unfortunately, this is not easy to do. An Illinois divorce lawyer can help individuals that wish to take exclusive possession of their home.

Exclusive Possession Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA)

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows for one spouse to seek exclusive possession of the marital home in certain situations. The requirements to warrant exclusive possession under this Act though, are quite strict. This type of possession is only granted when one spouse is in fear of their mental or physical welfare or the welfare of their children.

It is important to understand that the stress of living with another spouse is not enough to warrant exclusive possession. There must be a genuine fear that living with a spouse will place a person or their children in jeopardy. However, individuals that obtain exclusive possession can temporarily evict their spouse, and even change the locks if they wish.

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IL divorce lawyerOver the past few decades, many states have begun loosening the grip on marriage. For a very long time, American courts were highly paternalistic in their attempts to place obstacles in the way of divorce. At one time, all states required some wrongdoing or “grounds” for divorce. As that requirement faded, courts imposed waiting periods or mandatory separation periods. Today, Illinois has come a long way in recognizing the need to simplify the divorce process, especially for those who meet certain guidelines. For those individuals, the process can be very quick and can be done with minimal conflict.

While Joint Simplified Dissolution of Marriage may sound easy, it is still important to consider all of the legal implications of divorce before signing anything. From taxes to insurance, divorce will entirely change the landscape of your life very quickly. It is usually best to get experienced help from a DuPage County divorce attorney before trying to take on this sort of task alone. If you do qualify, then you and your spouse can file a joint petition, asking for a divorce. This saves several costly and unnecessary steps.

To determine if you even qualify for a joint simplified dissolution, check to see if you meet each of the following:

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IL divorce lawyerThere have been some major changes to Illinois divorce in the past few years, which have caused some confusion for divorcing couples. Three of these family law statutes are outlined below. If you are going through a divorce or a custody/support disagreement, a Hinsdale divorce attorney can help you understand your rights and responsibilities during the coming months, and will be in your corner ensuring that your best interests are upheld.

Grounds for Divorce No Longer Relevant

One of the most important changes in Illinois divorce law is the elimination of grounds for divorce. Illinois used to require divorcing couples to provide grounds, or legal reasons, for divorce. These included, infidelity, abandonment, spousal abuse, alcohol or drug abuse, and more. A married couple can now get a divorce for no specified reason and do not have to rationalize their decision for the court.

College Expenses Now Mirror the Cost of The University of Illinois at Champaign-Urbana

For parents ordered to pay child support for college admission, Illinois used to base the level of financial support on the child’s needs and the parent’s ability to pay. While that is still taken into account, the maximum that a non-custodial parent has to pay is the cost of attending the University of Illinois at Champaign-Urbana, whether or not the child is attending another college in Illinois or outside of the state. The total average costs for tuition, books, fees, room and board, and other expenses come to $31,390 to $36,394 Moreover, the child must maintain a C average and complete their degree before they turn 23.

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