Posted on December 00, 0000 in Divorce

If you have reached the point in your marriage where divorce is becoming more and more of a possibility, it is time to start gathering information about the process. Ending a marriage is going to be challenging, even in the most amicable of situations. You may be able to alleviate some of the difficult by becoming familiar with a few basic concepts that pertain to divorce in Illinois.

Grounds for Divorce

For many generations, a married person could seek a divorce on the basis—or grounds—that his or her spouse engaged in certain behaviors, including adultery, repeated mental and physical cruelty, patterns of substance abuse, and abandonment. Beginning in 2016, however, this is no longer the case in Illinois. Today, a divorce will only be granted on the grounds the irreconcilable differences have led to the irretrievable breakdown of the marriage.

What Are Irreconcilable Differences?

Under Illinois law, “irreconcilable differences” are applied very broadly to a wide range of relationship situations. Irreconcilable differences may develop out of the behaviors that once constituted grounds for divorce or due to countless other factors. Religious disagreements, for example, or opposing philosophies regarding money or parenting could be considered irreconcilable differences if they push the marriage to its breaking point and beyond.

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 Posted on December 00, 0000 in Divorce

In a number jurisdictions throughout the United States, a couple may be considered married without ever having the official “walk down the aisle.” Couples who wish to marry but do not want the pomp and circumstance of a large wedding and reception often file the documentation and are legally married. In a few states, there is another option known as common law marriage and skips both the paperwork and the ceremony. When such a marriage is recognized by the appropriate jurisdiction, the law regarding common law marriage offers the same rights of marriage to two individuals that have been together for a set number of years and are presenting themselves as married. Ending a recognized common law marriage is equivalent to a divorce, so it is important to know how Illinois law treats common law marriage.

Is Common Law Marriage Universally Recognized?

The answer is no. Most states—including Illinois—do not recognize common law marriage. The practice was outlawed in Illinois effective June 30, 1905. A few states that do recognize such marriages include:

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 Posted on December 00, 0000 in Divorce

A couple years ago, an unexpected social media phenomenon was born when a divorcing couple in Florida posted a photo of themselves at the courthouse receiving their completed divorce paperwork. Instantly labeled a “divorce selfie,” the photo sparked a wave of similar posts from couples around the world—a trend that has continued to some extent even today. To many, such photos are making light of a very serious situation, but to the couples who post them, they are a reminder of their commitment to cooperation and a healthy future relationship.

Divorce Is Not a Game

When spouses are pitted against one another in a divorce, there can be no winners. One spouse may temporarily feel victorious when the court decides a certain way on a particular issue, but the ultimate result is often two lives—or more if children are involved—that have been permanently scarred. A cooperative divorce, by comparison, allows both spouses to remain in full control of the process, generally leading to settlement terms that actually benefit each party.

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 Posted on December 00, 0000 in Divorce

Despite changing views on relationships in certain segments of society, extramarital affairs are still a major factor in a large number of divorce cases in the United States. Interestingly, it seems that the holiday season may just be one of the most common occasions for a spouse to stray. If your spouse has found someone else, it may be time to consider contacting a qualified divorce attorney.

Cheating and the Holidays

According to the data provided by the mobile dating app Clover, people who are already involved in serious relationships sign up more frequently during the winter holiday season that during any other time of the year. Clover’s information also suggested that socioeconomic status may also play a role, as those who earn under $60,000 per year are almost 300 percent more likely to seek a new relationship while they are already committed.

Perhaps the most surprisingly, the data showed that women in relationships were more likely to start using the app than committed men. Social norms have long accepted the idea that men are usually more likely to cheat, but Clover’s data suggest that such may not always be the case. Of course, other recent studies have also indicated that women are now more likely to be unfaithful than in the past—or, at least, they are more likely to admit their indiscretions.

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 Posted on December 00, 0000 in Divorce

Deciding to end your marriage is difficult, but the process of divorce can be especially challenging if you are not prepared. Your divorce is likely to include a number of fairly complicated elements, but with a little advance planning, you can be ready for the potentially long road ahead. If you are considering a divorce, you should:

Decide How You Want to Handle Your Divorce

Your attitude toward your divorce can make a dramatic impact on the proceedings and the eventual outcome. Before you file any formal paperwork, you should set goals about the process. You can decide that you will do everything possible to keep your divorce amicable and friendly, or you can decide that getting exactly what you want is more important than preserving a future relationship with your ex. Keep in mind that a bitter, contentious divorce could end up taking much longer, costing more money, and may not be best if you have children.

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 Posted on December 00, 0000 in Divorce

In the course of a normal day, how often do you open a social media app on your smartphone to see what is happening with your friends and acquaintances? If you are like most people, there is a good chance that you log on to Facebook, Instagram, Twitter, or Pinterest at least once a day. Among younger demographics, the likelihood is even greater. While social media sites can be fun, informative, and entertaining, they can also pose challenges to those who are going through the process of divorce. Sometimes, social media posts can even find their way into the courtroom as evidence.

The Myth of Online Privacy

Most social media sites and apps have privacy settings that allow you to control who sees what you post. It is easy to believe that by applying the right settings you are completely protected. Unfortunately, things are not quite so simple. You could, for example, set your account so that only your “friends” are able to see your posts, and, since your soon-to-be-ex-spouse is not one of your friends, you should be fine. But, what about those who are friends with both you and your estranged partner? What are the chances that they will see your posts and share them with your soon-to-be ex? No matter how strong someone’s good intentions may be, some people attracted to what they see as drama, and few things are more dramatic than a juicy divorce situation.

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 Posted on December 00, 0000 in Divorce

In a recent post on this blog, we talked a little bit about how social media can be dangerous when you are going through a divorce. If we are being fair, however, the dangers of social media are only half the story. It is also very possible for social media posts—such as those on Facebook, Twitter, or Instagram-to be used to your advantage during your divorce proceedings. As you approach your divorce, there are some things to consider that could help you—especially if your spouse has a tendency to overshare on social media.

The Internet Is Forever

For generations, divorce cases have relied on a great deal of “he said, she said” testimony and evidence. A battered spouse, for example, who never sought medical care or help from law enforcement could only present her interpretation of the situation verbally. With the rise in popularity of social media sites, evidence from such sites is finding its way into the courtroom. In fact, a recent survey of divorce lawyers reports that more than 80 percent of them have seen social media evidence increase in their divorce cases.

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 Posted on December 00, 0000 in Divorce

Most married couples look forward to sharing a bed after a long day. Spending time being physically close to your partner is an important component to any romantic relationship. A lack of physical intimacy is often associated with a higher likelihood of divorce. According to a study by the National Sleep Foundation, however, many married couples are choosing to sleep in separate bedrooms.

A Better Night's Rest Can Lead to a Healthier Relationship

Whether we like to admit it or not, most of us have at least some annoying nighttime habits. Some snore loudly or toss and turn; others talk in their sleep or sleepwalk. A person may get up to go to the bathroom several times throughout the night or be unable to stay asleep because of insomnia or other health issues. All of these interruptions can lead to a very unrestful night for a partner sharing the same bed. After a night of being interrupted and getting little quality sleep, a person is likely to be grumpy and irritable. Some may even feel anger or resentment towards their partner for disrupting their sleep – even if they know it is not their partner’s fault. This resentment can build up over time and be a catalyst for arguing and poor communication between spouses.

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 Posted on December 00, 0000 in Divorce

If you completed the process of divorce last year, filing your income taxes this year has probably raised a number of questions. (If you have not yet filed, the deadline for personal income tax returns is fast approaching. Presuming your divorce finalized on or before December 31, 2016, you almost certainly filed this year’s taxes as a single filer. Many single filers still end up receiving a refund for overpaid taxes, but if you have recently divorced, you may not be entitled to keep your entire refund for yourself.

A Tax Refund Is Not New Income

In an Illinois divorce proceeding, a couple’s marital property must be divided equitably between the spouses. Marital property, in general, refers to all assets and debts acquired by each spouse during the marriage, with a few limited exceptions. All other property, including that acquired before the marriage or after the divorce finalizes, is considered non-marital or separate property.

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 Posted on December 00, 0000 in Divorce

“Should I leave or should I stay? What about the kids? What will my friends and family think if I leave? Is my marriage salvageable?” If these or similar thoughts have been running through your mind recently, you are probably in the arduous indecision stage of a struggling marriage. Trying to decide if a marriage is truly over or not is one of the hardest decisions you will ever make. Only you can choose what is right for your situation, but experts do have some advice for those contemplating a divorce.

Ask Yourself These Questions

There is no one-size-fits-all checklist of dealbreakers in a marriage, and everyone’s circumstances are unique. However, asking yourself the following questions may help you decide if it is time to consider ending your marriage:

• Have you been completely honest with your spouse? Until everything is out in the open, no real solution to your marital problems can be found;

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