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DuPage County amicable divorce attorneyIf you are thinking about divorce, it is important to carefully consider the information and advice that you are getting from others. Even though they have good intentions, many people unknowingly spread rumors and false information about issues like property division, child custody, or spousal support. Television and movies have also perpetuated many of the popular falsehoods regarding divorce. The best place to get legal advice and dependable support is an experienced divorce lawyer.

Myth #1: Infidelity or Marital Misconduct Will Be a Crucial Factor

Cheating and infidelity have ended countless marriages. If you are divorcing because one of you cheated, you may assume that this “marital misconduct” will play a major role in your divorce. On the contrary, the reason that a marriage ends rarely affects the outcome of a divorce in Illinois. Illinois is a no-fault divorce state, which means that there are no fault-based grounds for divorce. You will simply state that “irreconcilable differences” have led to the end of your marriage. In addition, marital misconduct will usually not be considered when addressing the division of marital property, spousal maintenance, or parenting issues. The main way that infidelity can affect a divorce is if the unfaithful spouse spent considerable money or property to finance the affair. In this case, the wronged spouse may have a valid “dissipation of assets” claim, and they may be awarded a greater share of the marital estate.

Myth #2: Everything Will Be Split Equally

Division of assets and debts in a divorce is handled differently depending on the state. In Illinois, property is divided according to “equitable distribution.” This means that property is divided fairly based on the spouses’ financial circumstances and other factors. Spouses may also settle property division issues on their own, outside of court. Mediation is an alternative resolution method that many spouses use to discuss their divorce issues and reach an agreement about how ownership of their property will be handled.

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Wheaton lawyer for filing for divorceCOVID-19 has deeply affected millions of Americans. Many have faced job loss or reduced work hours because of shutdowns. Others have had to quit their jobs to be at home with their children during remote learning. If you are in a difficult financial position and want to file for divorce, you may have concerns about how your financial hardship may affect your situation. You may have heard that there was a mandatory separation period before a couple could get divorced but are unsure of what exactly is required. If you and your ex cannot afford to live in separate homes, can you still be granted a divorce?

Changes to the Illinois Marriage and Dissolution of Marriage Act Address the Separation Period

Major changes to the laws that govern marriage and divorce in Illinois were enacted in 2016. Among the many changes was a modernization of the “grounds” or reasons that a spouse may request a divorce. Before the changes, spouses could claim fault-based grounds for divorce, such as impotence, infidelity, abuse, or drug addiction. Following the change, all of the fault-based grounds have been abolished.

There is now only one no-fault ground available for divorce in Illinois: irreconcilable differences. If you wish to file for divorce under no-fault grounds, you must state that:

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Wheaton family law attorney for divorce petitionsMarriages end for innumerable reasons. Sometimes, one spouse wants the divorce, while the other spouse believes that the marriage is salvageable. Other times, the spouses both agree that it is time to call it quits. Whatever your situation, you may have questions about the divorce process and how to get started. One particular question you may be asking yourself is, “Does it matter which spouse files for divorce?”

The Basics of Filing for Divorce in Illinois

In Illinois, a divorce is called a Dissolution of Marriage. The spouse who files the Petition for Dissolution of Marriage is the petitioner, and the other spouse is the respondent. To file for divorce in Illinois, at least one of the spouses must have lived in Illinois for at least 90 days prior to filing the petition. 

Illinois is a “no-fault” divorce state. This means that the spouses will not be asked to assign blame for the marriage ending. The only grounds for divorce in Illinois is “irreconcilable differences.” When determining the terms of a divorce, Illinois courts do not consider which spouse is the petitioner and which is the respondent. Both spouses are treated equally under the law.

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DuPage County divorce attorney for children and datingWhether you are planning to get a divorce, or you have already begun the process of ending your marriage, you have probably thought about dating. One of the silver linings of divorce is that the spouses are free to search for new romantic partners who are a better match for them. Getting back into the dating world after being married can be exciting. However, when you are a parent, there are additional issues to consider. One of these issues is when to introduce a new partner to your children. There is no perfect time to introduce a new partner, but there are certain considerations you could keep in mind when dating after divorce.

Wait Until After the Divorce Is Complete

Most experts suggest waiting to date until after your divorce is finalized. However, no one can predict when they will meet the right person. If you already have a new romantic interest, and your divorce is not complete, it may be best to avoid introducing the new partner to your children until the divorce is finalized. 

Divorce can have a major impact on children. Kids whose parents are divorcing may worry that their parents will abandon them or that they will no longer have a family. Children often feel possessive toward their parents, and they may see the new partner as a threat or as something that will negatively impact their family relationships. Introducing a new partner before the divorce is complete can also increase the tension and stress during the divorce process. Your spouse may be offended, and they may act out in revenge and attempt to make the divorce more drawn out and difficult.

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DuPage County divorce attorney

When a person files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, he or she must serve his or her spouse with the divorce petition. This sometimes involves one spouse simply handing the paperwork to the other spouse or it may be accomplished through a process server or other qualified third party. However, there are some circumstances where serving a spouse a divorce petition may be nearly impossible. When a spouse cannot be located, you will need to take special steps in order to be granted a divorce.

Attempting to Find a Missing Spouse

If you want to file for divorce but you do not know where your spouse is, you may be able to serve notice of the divorce through the newspaper. If the spouse still does not respond, you may be able to obtain a divorce without his or her participation. However, before either of those things happen, you will need to make a genuine effort to locate your spouse. You will also need to list all of the attempts you have made to find your spouse in an affidavit and file it with the court. It is recommended that you take at least the following steps to locate your spouse:

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