Importance of Filing First in Out-of-State DivorceLong periods of separation can precede a couple’s decision to divorce. Spouses might obtain a legal separation or simply choose to try living apart before they decide on divorce. The separation will have little effect on the divorce process if the spouses live in the same area. In fact, it can make the dissolution of the marriage easier because Illinois presumes irreconcilable differences when a couple lives apart for at least six months. However, living in a different county or state changes where a spouse is allowed to file for divorce. The location of a divorce case can influence how it is settled.

Residency Requirements

Spouses can file for divorce in any state, as long as one of them is a permanent resident. Each state has a residency requirement in order to qualify to file for divorce there. For instance, Illinois requires a person to live in the state for 90 days. When each spouse qualifies for residency in a different state, the divorce hearings will take place in whichever state the divorce is first filed in. If the other spouse files for divorce in his or her own state afterwards, his or her filing may be dismissed because there is already an active divorce case.

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When a Parent's Beliefs Endanger a ChildOne of the difficulties when separate parents raise children is how to handle conflicting beliefs. Parents may have different opinions on:

  • What their children's religious beliefs should be;
  • Which medical treatments should be allowed; and
  • What they should eat. 

Decisions about how to raise children must be made with their best interests in mind, but what is best for the children is subjective in these cases, which are more about personal preference. A family court is unlikely to intervene in these disputes, unless a parent’s beliefs are harmful to the child.

Religion

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Complications When Moving After DivorceGetting a divorce is like hitting the reset button on your life. Without your marriage, you are more free to decide what kind of person you are and what you want to do. For some, the best way to start a new life is to move to a new town. There are many reasons why people relocate after divorce:

  • They are pursuing new jobs or careers;
  • They want to distance themselves from their former spouses;
  • They want to move closer to family or friends;
  • It is easier to redefine themselves in a place where people do not know them; and
  • They are finally free to move to a location where they have long wanted to live.

However, moving to a new town is a difficult adjustment for anyone, let alone someone who has just ended his or her marriage. Before deciding to move after your divorce, you should be aware of the complications that come with it.

Parenting Issues

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Obtaining Relief for Attorney Fees During DivorceWhen going through a divorce, the financial resources that each party has can be used to his or her advantage. Having available money allows a party to hire and retain a skilled divorce attorney to help during the case. Conversely, a party who lacks financial resources may worry about his or her ability to pay attorney fees. Spouses with less money can be at a disadvantage in hiring the attorneys they want and being able to keep them during the divorce. Illinois lawmakers do not want unequal financial resources to determine which spouse receives a better divorce settlement. Thus, they added a section to the Illinois Marriage and Dissolution of Marriage Act that allows a spouse to request that the other spouse help pay for attorney fees.

Leveling the Playing Field

Illinois’ divorce law states that a spouse may request temporary relief from the other spouse for interim attorney fees and costs during a divorce case. The purpose of the law is to ensure that both spouses have equal access to legal representation during the divorce process. Thus, a court will grant temporary relief only if it believes the requesting spouse needs money to pay for adequate legal resources. Considerations include:

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Reactions to Infertility Can Lead to DivorceLearning that you or your partner is infertile can be one of the most difficult challenges a marriage will face. Your feelings may be similar to how you would react to a death: grief, denial, anger, depression and acceptance. In a way, you are mourning the loss of a biological child you and your partner will never share. Amid the grief and seeking alternative means to have children, it is easy to miss signs that your marriage is in trouble. Infertility can bring a couple closer together but can also cause a division that leads to divorce.

Emotional Reaction

Both people in a marriage may feel shock and sadness at the news that one of them is infertile. The infertile spouse often feels guilty and inadequate, especially in the case of women. The other spouse may feel disappointed and uncertain of the future if having children is one of his or her goals in life. Negative emotions can cause couples to react in unhealthy ways, such as:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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