Friendly Texting Can Lead to Affairs, DivorceTexting is a common starting point for emotional and physical affairs during a marriage. A spouse may believe that intimate conversations via text are innocent and confidential. However, the affair can create a deeper disconnect in a marriage, sometimes ending in divorce. As a no-fault divorce state, Illinois will not officially punish a spouse for infidelity. Still, having an affair can negatively impact a spouse during the divorce process:

  • The divorce may be more combative due to feelings of betrayal;
  • The court may count purchases made during the affair against the cheating spouse when dividing marital property; and
  • The spouse’s actions during the affair may reflect poorly on his or her fitness as a parent.

Infidelity may be a symptom of larger marital problems, but the act can make your divorce more difficult. It is important to understand how texting may tempt you to be unfaithful and ways to combat those temptations.

Ubiquitous Tool

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Planning Before Leaving an Abusive HomeIt is easy for observers to say that victims of domestic violence can protect themselves by simply leaving. The victims, who are statistically most likely to be women, may say that the matter is more complicated. A domestic violence victim can understand that she needs to leave her abuser but worry about the consequences of leaving, such as:

  • Ending her relationship with someone she still loves;
  • Retaliation from her abuser when she leaves;
  • Finding a place to live; and
  • Economically supporting herself and her children.

Many of these doubts can be addressed by planning ahead before leaving. If you are a victim or at risk of domestic abuse, you need a plan in place that will allow you to leave quickly and feel safe.

Where to Go

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Divorcing Your Imprisoned SpouseIf your spouse has been incarcerated, you may wish to get a divorce. Ending your marriage can allow you to move forward with your life and provide protections for yourself and your children. Fortunately, you can complete your divorce while your spouse is incarcerated. The process will require a few extra steps to accommodate your imprisoned spouse, and your spouse’s status as a convict may affect the terms of your settlement.

Filing for Divorce

Divorces start with one spouse serving the other notice of his or her intention to divorce. When spouses are estranged, the requesting party may have difficulty locating the other spouse. The advantage with an imprisoned spouse is that you know where he or she is now and for the foreseeable future. The sheriff of the county where your spouse is incarcerated will serve the divorce papers. Your spouse will have 30 days to respond by either agreeing to the divorce or contesting it.

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Grounds for Terminating Parental Rights in IllinoisA child’s birthparents are presumed by law to have parental rights and responsibilities, unless the parents choose to waive those rights. In some situations, Illinois can also involuntarily terminate a parent’s rights, if it determines it is in the child’s best interest. A parent who has lost his or her rights is no longer entitled to parenting time or decision-making powers. If both parents have lost their rights, the child is eligible for adoption by another adult. However, parents can go to court to contest the termination of their rights. Illinois courts will likely prefer maintaining a parent’s rights unless specific circumstances are met.

Fitness

A case for terminating a parent’s rights starts with the claim that the parent is unfit. Illinois law lists several factors that can make a parent unfit, including:

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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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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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