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illinois divorce law changes, kane county divorce attorneysIf you are an Illinois resident currently in the midst of the divorce process, you may have concerns about recent changes in divorce law that passed in 2016 and how they might affect you and your family once your divorce is final. The good news is that a majority of these changes were put into motion to ease common divorce tensions, with the goal to reduce conflict and simplify the process as a whole. While there will always be some level of conflict where divorce is concerned, revisions to our state’s laws serve to streamline the experience for each party involved.

Here are a few ways recent law changes have changed how couples divorce, but for the better:

1. Revisions to Grounds for Divorce

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b2ap3_thumbnail_infidelity.jpgInfidelity, also known as adultery, is also known as cheating. No matter what you call it, the fact is that it often destroys marriages. Approximately 17 percent of the divorces that happen in the United States today are because of one partner's infidelity. If you suspect your partner is committing infidelity, talk to him or her about it. Express your concern about his or her activities – although he or she might deny that he or she is cheating, it is important that you make your suspicions known and you discuss them in a calm, rational manner. Do not, under any circumstance, attempt to harm your partner or his or her alleged affair partner as an attempt to punish him or her or end the infidelity. Sometimes, marriages survive infidelity. Other times, divorce is the right answer for the couple. But violence is never the answer.

Between One Third and One Half of American Adults Commit Infidelity

Statistics show that approximately 30 to 40 percent of American adults engage in infidelity at least once in their lives. Despite this, nearly all (approximately 90 percent) of United States adults feel that infidelity is morally wrong.

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Illinois divorce attorney, Illinois family lawyer, domestic abuseDomestic violence is just one of the many reasons why a couple may choose to divorce. Unlike other potential grounds for divorce, such as infidelity or incompatible personalities, domestic violence can be deadly.

Domestic violence is defined as any use of force or coercion to control one's intimate partner or other member of the household. It may be expressed physically, emotionally, financially, or sexually, and is often incorporated into a cycle known as the cycle of violence. The cycle of violence follows this pattern in nearly all relationships where domestic violence is present:

  • Abuse occurs;
  • The offender apologizes profusely to his or her victim, sometimes offering gifts and always assuring him or her that the abuse will never happen again;
  • Small instances of conflict occur and the victim feels afraid and without control of the situation; and
  • Abuse occurs again.

At all points in the cycle of violence, both partners deny that abuse is occurring by making excuses for the behavior. This is often fairly easy because the victim is isolated from his or her friends and family.

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Illinios divorce attorney, Illinois family law attorney, Illinois marriage statute

Divorce is a common occurrence in the United States. Most Americans “enjoy” this right and probably take it for granted that an unsuccessful marriage does not have to last forever. In fact the right to divorce exists everywhere in the world – with one exception.

 The Philippines is the only country that does not allow a majority of its citizens to divorce. (The country permits divorce between Muslim couples.) The only recourse for unhappily married couples is church annulment, civil annulment or legal separation. Of course, couples who legally separate are not allowed to remarry, and annulment requires evidence that the marriage was defective (e.g., one of the parties was too young or already married). Note that a marriage cannot be annulled due to irreconcilable differences or infidelity.

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disposition of marital property, divorce questions, Illinois divorce, Illinois divorce attorney, Divorce is a contentious and complicated affair. There are so many factors to consider, from determining who gets the marital residence to the mechanics of making child support payments. While families are likely aware of the more “common” aspects of divorce such as asset division and child custody, they might be unaware of other aspects. The following includes answers to four questions about divorce that you might not know:

The Marital Residence – It is typical for divorcing couples to live separately while the divorce is pending. Problems arise, however, if neither spouse wants to vacate the marital residence. While the question of who gets what will be decided during the divorce proceeding, the court can also temporarily evict one spouse from the marital residence – if certain conditions are met. One party must file a petition seeking the temporary eviction, which will only be granted if the continued occupancy of both spouses will jeopardize the physical or mental well-being of either spouse or of their children. There will usually be a hearing and due notice. Also, remember that this is a temporary arrangement until the disposition of the marital property has been settled.

Families on Public Assistance – Under Illinois law, maintenance and/or child support payments made to families on public assistance must be paid directly to the Department of Children and Family Services or to the family’s local government (the entity will depend on the family’s individual circumstances). If the family is taken off of public assistance, the responsible governmental unit may give notice that the maintenance and/or child support should now be paid directly to the family.

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