Reasons Couples Stay Together After InfidelityIllinois is a no-fault divorce state, meaning the only reason spouses can give for divorce is irreconcilable differences. Even if it is not the legal reason, fault-based actions still cause couples to seek divorce. Infidelity is just as damaging to a marriage as it was when Illinois accepted it as grounds for divorce. There are obvious reasons why couples divorce after infidelity. It is a betrayal of a relationship that elicits an emotional response. Infidelity may be the cause of irreconcilable differences between spouses. The cheating spouse may be dissatisfied with the marriage, and the victim spouse may feel unwilling to continue the marriage. While infidelity is often fatal to a marriage, some couples do not divorce. There are reasons couples stay together after infidelity, but some have more merit than others.

Remorse and Forgiveness

When faced with a crisis of betrayal, some couples choose to fight for their marriage instead of letting it die. If a couple wants to fix their marriage, they both must put aside their pride:

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Determining Rights to Frozen Fertilized EmbryosAn advancement in reproductive technology has created new paternity conflicts that end up in court. When a woman has saved frozen fertilized embryos but the potential father no longer wants to have a child, does the woman still have a right to use the embryos? This situation can arise when spouses divorce, a couple breaks up or the sperm donor changes his mind. State courts have in some cases allowed the women use the embryos, despite the prospective father’s objection. A verbal agreement can be enough to enforce a woman's right to the embryos.

Frozen Fertilized Embryos

Cryopreservation of fertilized embryos has existed for decades, but the survival rate of the embryos has increased in recent years. Women choose to freeze their embryos because:

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Trusts Protect Assets During DivorceProperties are categorized during a divorce as being marital or non-marital. Marital properties must be equitably divided between the spouses, but non-marital properties are exempt. A spouse has an incentive to identify non-marital properties in order to protect them. Spouses often share their most valuable assets, which may make them marital properties. However, a court may rule that a trust made in one spouse’s name is non-marital property, even if the other spouse was named as a beneficiary. Revocable trusts can protect money and properties from division during a divorce.

Understanding Trusts

A revocable trust, also known as a living trust, is an estate-planning document that allocates assets to beneficiaries without the need for probate court. The grantor puts income and properties into the trust, which is administered by a third-party trustee. Though the trust owns the assets, the grantor has control over them while alive. Upon the grantor’s death, the assets are distributed per the trust’s instructions. A spouse is often a primary beneficiary of a trust, but Illinois law automatically revokes a former spouse’s beneficiary status after completion of a divorce. If the trust was established for the sole purpose of benefiting the spouse, a divorce will revoke the entire trust.

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Men Lose Weight During and After DivorceFathers who put on weight and lose muscle tone are said to have “dad bods.” However, it may be more accurate to say they have “husband bods.” A recent study published in “Social Science & Medicine” found that married men tend to have a higher body mass index than men who are single or recently divorced.  Statistics showed that men put on weight after marriage and becoming a father. Men lost weight immediately before and after divorce. The results support two social science theories about the effect marriage has on men’s health.

Marital Market Theory

The marital market theory claims that single and married men have different incentives to maintain their health and fitness:

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Couples Trying Semi-Separation Before DivorceSome couples who are considering divorce choose separation as an alternative. A legal separation involves many of the same financial and parenting provisions of divorce without dissolving a marriage. During the separation, spouses have time to consider whether they want to go through with a divorce. A full separation is still a legal process that involves creating a formal agreement that a court must approve. Instead, couples may try an in-house separation, which some call semi-separating. Spouses who semi-separate can behave as if they have separated without the obligations of a legal separation.

Forms of Semi-Separation

Spouses have several ways that they can live separately within the same residence. A court may recognize a couple as being legally separated while living together, as long as they make an effort to divide their finances and responsibilities. Semi-separating eases a couple into a more complete separation by starting with their social interaction. Semi-separation may occur in phases, 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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