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divorce laws, Kane County divorce attorneyWhen you have reached the point in your marriage where the relationship is no longer happy or healthy, you have several options. The commitment you made at your wedding is important to you, and you are probably hesitant to call it quits without a fight. Marriage counseling, individual and couples’ therapy, and other efforts may be successful in helping you salvage and repair your relationship, but, in many cases, the things are just too broken. If this describes your situation, a divorce might be your only remaining option. Fortunately, the laws regarding divorce in Illinois are among the most permissive in the nation, making a better future possible for those who might be trapped otherwise.

Divorce Requirements

To seek a divorce in Illinois, you, your spouse, or both must have been a resident of the state—which includes being stationed in Illinois as a member of the armed services—for at least 90 days prior to filing. In filing your petition, you will need to cite the grounds for your divorce. Changes to the law that took effect last year make this part easy as well. The court will only grant a divorce on the grounds that irreconcilable differences have led to the irretrievable breakdown of your marriage. It is no longer possible to cite so-called “fault” grounds such as adultery, repeated mental or physical cruelty, or abandonment. These changes also mean that you will not have to prove that such behavior occurred, making the process much simpler than it might have been in years past.

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being alone, St. Charles divorce attorneysPoet John Donne wrote, “No man is an island, entire of itself; every man is a piece of the continent.” Most people struggle with loneliness from time to time, but in some cases, the fear of being alone can keep a person trapped in an unhealthy relationship. Unfortunately, it is not uncommon for someone to stay in a bad marriage because he or she cannot stand the idea that he or she could end up alone after a divorce. This can lead to unhappy, toxic, or even abusive situations.

Signs You Are Staying in a Relationship for the Wrong Reasons

Mental health and family experts agree that agree that a romantic relationship should be beneficial to both people involved. It should be based on mutual respect and shared goals while offering happiness and strength to each partner. When a relationship is broken to the point that these qualities no longer exist, it is in the best interest of both parties to end things—even if a divorce is necessary. There are some warning signs that may indicate that your current relationship is in danger or possibly beyond repair, including:

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Posted on in Divorce

divorce petition, Kane County divorce attorneysAs you fought with the decision about whether to seek a divorce, you probably gave some thought to a number of concerns. You likely considered what assets you would like to keep, what type of parenting arrangements you would make, and how your new life would be better than being unhappy in your marriage. The divorce process itself may have received significantly less consideration, other than guessing how long it will take or how much it will cost. What about filing your petition for divorce? Are you aware that you may have several possibilities regarding where it can be filed?

In a recent post on this blog, we talked about your right to object if your spouse chooses a particular divorce venue. If you intend to file first, however, you should fully understand how the law applies

County of Residence

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Posted on in Divorce

name, Kane County family law attorneyIn today’s culture, it is still rather common for a woman to take her husband’s last name when they get married. A person in same-sex marriage may also change his or her last name to match that of their partner. Following a divorce, those who have changed their names may wish to change them back again, so as to demonstrate a clean break from their former partner and an emphasis on new beginnings. In most cases, reverting to a previous name is not particularly difficult for an adult.

Sometimes, however, a parent may also wish to change his or her child’s last name after the divorce as well. According to Illinois law, the process of changing a child’s name is much more challenging than that for an adult, as a child’s name is a large part of his or her identity.

Understanding the Law

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Posted on in Divorce

venue, Kane County divorce lawyersDid your spouse recently file for divorce? If so, he or she had the opportunity to choose where to file the petition and the county where your case will be heard. You may be surprised to learn that if your spouse has filed first, you are not necessarily forced to go along with his or choice. Under Illinois law, you have the right to file an objection regarding the chosen venue but you must act quickly or you could miss your chance.

Understanding Venue

Throughout the legal system, the term “venue” refers to the county or district court in a which a given case will be handled. Divorce cases in Illinois are typically heard in the court circuit court system. The Illinois Marriage and Dissolution of Marriage Act presumes that divorce proceedings will be held in the county where at least one of the spouses currently lives. For example, if a couple has separated and filed for divorce, and the husband maintains an apartment in Kane County while the wife remains in the marital home in DuPage County, the law expects that the couple will file their divorce petition in either of those counties. A county in which neither spouse lives may be selected if the petitioning spouse presents a valid reason for choosing that county.

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