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Kane County divorce attorneyMarriage is a bond that unites two people. However, even though a couple’s marriage vows say that they will stay together “in sickness and in health,” sometimes a marriage does not last, and divorce becomes necessary. Some cultures and religions look down on getting a divorce, and parents may think that it is better to say married for their children, but a divorce is often the best decision for the two parties, and living in an unhappy home can cause more harm to children than separated parents.

During the colonial days of the United States, one of the earliest examples of divorce could be seen in Massachusetts. In 1629, a judicial council was developed there to grant divorces on the grounds of instances such as of bigamy, adultery, or desertion. Today, an affair is still a common reason for a couple to get a divorce, but there are a wide variety of other circumstances in which a couple may decide to separate, including:

  • Different Life Goals - It is easy to think that life will proceed the way you expect after getting married. The truth is, some people get married without discussing their future together. If one spouse wants to travel the globe while the other wants to settle down and start a family, it will be difficult for them to see eye to eye down the road, and they may not wish to stay together. Some people also think that they will be able to change their spouse’s habits or negative qualities. When this effort turns out to be fruitless, it may be time to consider divorce.
  • Wrong Reasons - It is true that some people marry for money, and these types of marriages often end in divorce. Another wrong reason a person may get married is because they feel like they have to. If someone is in a relationship for a long time and feels pressured to take the next step, or if a couple chooses to get married before they are ready for this commitment, these marriages are usually not built to last.
  • No Romance - A relationship may have started out full of fire and passion, but after years of being together, the romance and effort may have died, and neither partner is likely to be happy. A healthy relationship maintains an equilibrium in which both partners are satisfied. Every couple has a different love language, but if partners are not taking time for each other or are avoiding each other’s company, there may be no love left to share, and divorce may be the best option. 

Contact a Kane County Divorce Attorney

No matter the reason for your divorce, you deserve to take steps that will lead you towards a happier life. To ensure that you can reach a positive outcome to your divorce, contact an experienced Geneva divorce attorney to work out issues such as the division of assets and parental responsibilities. Call our office today at 630-232-9700 to schedule a consultation.  

Geneva family law attorneysIn most cases involving divorce or family law matters, the parties are able to negotiate an agreement outside of the courtroom. They only require the court to approve and formalize terms already drafted, with very little actual decision-making required. Sometimes, though, the parties cannot reach an agreement and the matter is left to the court to decide. Such a ruling by the court typically carries an air of finality, especially if it feels like you were on the “losing” end. A less than favorable judgment is not necessarily the end, however, and filing an appeal could potentially allow you to work toward setting things right.

You Must Act Quickly

Following the entry of the initial court’s judgment, you have 30 days to file a Notice of Appeal. The notice must be filed with the circuit court and announces your intention to challenge all or part of the judgment and the relief that you intend to seek. The reviewing or appellate court may grant an extension for up to an additional 30 days, but only if you have a justified reason for missing the original deadline.

Appeals Are for Correcting Mistakes

It is crucially important to remember that appeal is not really a second chance to present your case. Instead, an appeal is typically based on a perceived error committed during the initial trial. Such a mistake may include:

Posted on in Divorce

Kane County divorce lawyersOnce you have made the decision to end your marriage, there is no point in delaying or dragging out the proceedings. Divorce is rarely easy but the legal process itself does not need to take countless months as you and your spouse place your lives on hold. In many cases, you may be able obtain a finalized divorce judgment in a little as just a few weeks, but doing so requires a bit of effort on your part and cooperation from your spouse.

#1: Develop a Plan of Attack

The easiest way to eliminate delays in divorce is to negotiate as much of your settlement as you possibly can. You and your spouse may not agree on everything, so start with the simplest topics. For example, if you have little concern about certain pieces of property, agree on those and then build on the cooperative momentum. Eventually, you will get to more difficult subjects, but, by that point, you will have likely established a level of commitment to completing the process amicably.

#2: Choose Your Battles

If you and your spouse cannot reach an agreement before filing for divorce, you can still help move the proceedings along by controlling yourself and your need to “win” on all fronts. By picking a fight—or engaging when your spouse picks one—on every concern, you will never make real progress toward a resolution. Decide what is truly important to—your children, for example—and focus your energy on that particular area while letting less significant things go.

Kane County divorce attorneysIf you are a parent who has decided to get a divorce, you may have spent countless hours worrying about how to tell the children about the split. There are many things to keep in mind when choosing how and when to tell your children about the end of your marriage. Every parent facing this difficult conversation hopes that it will go as smoothly as possible. Understandably, many children are upset when they hear about the forthcoming separation, but research shows that there are several steps parents can take to minimize the distraught caused by breaking the news of divorce to their kids.

Do Not Tell Children About the Divorce Until You Are Totally Certain

If you and your spouse have discussed the possibility of separating, but there is still a chance that you will stay together, you should wait to discuss this with children. For example, if a couple is experiencing extreme conflict or disconnectedness, but they both believe that there is still a possibility of saving the marriage, they should not bring the children into the situation. If you and your spouse both agree that you are beyond the point of reconciliation, you may be ready to tell your children about the separation.

Break the News With Your Spouse

One way parents can help comfort children and reduce the trauma caused by the news of divorce is by delivering the news as a team. If possible, most experts suggest that parents should be together when they tell the children about their plans to separate. Sitting with your soon-to-be-ex-spouse while explaining the situation to the children helps assure the children that although their parents are divorcing each other, the parent-child relationship remains intact.

Geneva family law attorneysEach year, hundreds of thousands of Americans get divorced. While the divorce rate is lower than it was a few decades ago, divorce is still common throughout the country. Despite, people seem hesitant to give up on finding love and marital bliss, even if their first marriage fails. In fact, a recent study found that a full 40 percent of marriages today include at least one person who has been married before. In about half of those marriages, both spouses are on their second, third, or subsequent marriage. It is estimated that about 60 percent of divorced or widowed Americans will eventually remarry.

Such numbers certainly seem to portray a level of optimism regarding how we approach marriage as a society. If you are considering getting married again after a divorce, however, there are some things you need to keep in mind, including:

  • Termination of spousal support: If you currently receive maintenance payments—also called alimony or spousal support—from your ex under the terms of your divorce settlement, getting remarried will almost certainly put an end to those payments. Under Illinois law, you moving in with your fiancé could be enough to terminate your ex’s maintenance obligation;
  • Parental responsibilities and parenting time: Your remarriage does not guarantee a change in your responsibilities regarding your children. However, parenting time schedules and other concerns related to child custody are based on the circumstances of each family. A remarriage could definitely change your circumstances, so modifications to your parenting plan could be necessary;
  • Child support payments: In most cases, getting remarried will not affect your child support obligations or your eligibility to continue receiving child support. The child’s parents are still responsible for supporting the child, regardless of the existence of new spouses. If, however, you decide to change jobs or stop working due to your new marriage, or if you have a child with your new spouse, those factors could affect child support; and
  • Inheritance rights: Do you have family heirlooms or important possessions that you want your children to receive when you die? If you do not formalize your wishes in a prenuptial agreement, it could be your new spouse who receives the property intended for your children.

As the old adage says, there are exceptions to almost every rule, so the considerations mentioned above should serve as a reminder of things to be aware of rather than advice for your unique situation.

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