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St. Charles family law attorneyWhen a couple decides to end their marriage, they may be able to get an annulment. It is important to know an annulment is different from a divorce. A divorce is the legal dissolution of a valid marriage by a court or other governing body. An annulment is a legal procedure for declaring a marriage null and void within secular and religious systems. Unlike divorce, it is typically considered retroactive, meaning an annulled marriage is considered to be invalid from the start like it had never even happened. In Illinois, annulment is called a Declaration of Invalidity, and marriages can only be annulled if they were considered illegal from the start.

Grounds for an Annulment in Illinois

An annulment is only used to end an “invalid” marriage, or one that should never have happened in the first place. Annulments are rare in Illinois because it is somewhat difficult to prove grounds for annulment. There are certain legal guidelines for annulments, as well as possible time restrictions depending on the circumstances of the case. One of the following legal grounds must be met for an annulment to be granted:

  • Fraud or misrepresentation: One spouse did not tell the truth, such as already being married;
  • Impotency or incest: One spouse is impotent (and did not disclose this information to his or her partner prior to the marriage), or the spouses are too close in relation to marry legally; or
  • Lack of consent: One spouse did not have mental capacity for consent or was forced to get married.

Grounds for a Divorce in Illinois

Under Illinois law, a spouse can file for divorce based on “no-fault” grounds, commonly referred to as “irreconcilable differences,” which requires proof that the marriage is irretrievably broken and the couple must be separated for an amount of time. For many years, it was also possible to seek a divorce on “fault-based” grounds such as adultery, abandonment, or repeated abuse. Today, however, all Illinois divorce petitions must indicate that the marriage has irretrievably broken down due to irreconcilable differences.

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St. Charles divorce lawyerA divorce is likely one of the most difficult events you can go through in your lifetime. Even if you are the spouse who filed for divorce, the full impact of your decision might not hit you until long after the ink has dried on your papers. Additionally, if you did not want the divorce or were blindsided by it, you may feel hopeless and unsure of what the future holds for you.

Many communities throughout the region have divorce and separation support groups, which are offered through churches or local park districts. These groups can be a good forum for people of all ages and backgrounds who are going through a painful period in their lives.   

Types and Benefits of Support Groups

Divorce and separation groups provide a comfortable environment in which you can share your innermost feelings. It can be very therapeutic to talk to other people who understand what you are feeling in order to begin the healing process. You can contact local churches or look online to find the closest divorce support group in your area. The following are some nationally recognized support groups dealing with divorce or separation:

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Posted on in Divorce

Barrington divorce lawyers

Divorce can be an emotionally and physically traumatic experience, regardless of the level of civility shared by the divorcing spouses. Still, the more contentious the relationship, the more draining the divorce process can be. 

For soon-to-be former couples who wish to avoid combative and costly courtroom divorce litigation, there are ways to keep divorce proceedings from becoming total warfare.

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St. Charles family lawer

When a party involved in a family law case receives an unfavorable decision from the court, they can appeal the ruling. When you have initial conversations with prospective family lawyers for your case, make sure you discuss their knowledge and aptitude regarding the appeals process, which could be critical if that step becomes necessary. 

There are a few common mistakes litigators can make. It is helpful for even skilled and experienced lawyers to review these points as a refresher. Here are some areas to cover with your lawyer so that together you can craft the best possible strategy to achieve a favorable result.

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Kane County divorce lawyer

The decision to get divorced is often one of the hardest choices a person can make. Besides the divorce process itself, it is also difficult to make the announcement to all your family, friends, coworkers, and others. Although a divorce is painful for everyone involved, it is helpful for both parties to be on the same page when delivering the news. You and your spouse shared a community of mutual friends and some might not know how to react. 

Describe Your Divorce in Simple Terms

Not only will you have to tell people about your divorce, but once they start talking, you will get a lot of questions about your divorce as well. Come up with a brief description of your divorce, around one to three sentences. This will help steer the follow-up questions so you and they feel comfortable.

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Geneva divorce lawyer

The vows for marriage typically include staying together “in sickness and in health.” However, according to recent research, if the wife is the one who is ill, the bond might not be as strong. Sickness and disease can be hard on any relationship, and sometimes unfortunate health situations end in divorce. Among the important matters to address in this situation is how retirement assets are divided

Serious Illness and Divorce

When one spouse is severely ill, it can cause a strain on the marriage due to many reasons, including financial drain, or the inability of a spouse to act as a caregiver or take on all household duties. Not everyone is emotionally able to endure the extreme difficulties that can accompany serious illnesses like cancer or Alzheimer's disease, which accounts for up to 80 percent of dementia cases.

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St. Charles divorce lawyers

Everyone reacts differently following a divorce. Some people move far away and never think about their ex again, while others dwell on the what-ifs in their relationship. Divorce is an emotional time for everyone, and after the divorce process ends, the emotions can be overwhelming. 

If you have children together, some interaction with your former spouse will be necessary. It is essential in successful co-parenting. Yet if you still harbor romantic feelings toward your ex or deep feelings of regret, it can be problematic. Some people find it necessary to stay away from their ex until they have a better grasp of their new situation. Here are some reasons to take that route:

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Kane County divorce lawyers

Some people have the perception their divorce is going to be ugly, meaning there will be constant fights in the courtroom and extremely negative feelings between then and their ex-spouse. Divorce does not have to be constant warfare. Yes, emotions run high, and disagreements occur, but avoiding a contentious court battle can shield children from the unpleasantness and save time and money. Working together can also create a foundation for successful co-parenting.

Keeping these tips in mind can keep your divorce civil:

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Kane County divorce lawyer

Working to help your child apply to college is not an easy process. Colleges are charging more than ever for tuition and other fees, so most need some type of financial aid. When students require financial aid for college, they are required to fill out forms and answer questions about income and family status. These questions can be tricky if you and your spouse are going through a divorce or are divorced. 

Here are some tips for helping your child apply for financial aid with your new family situation:

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West Dundee divorce attorneys

While it is well-known divorce can affect your mental and emotional well-being, one aspect of divorce often ignored is the potential effect it can have on your body. Maintaining good health in all aspects of your life is important for your overall happiness and ability to move on after divorce. Visiting your doctor for a checkup and making your physical health a priority can serve as a benefit as you go through the strenuous divorce process. 

A study by Duke University examined the effects of divorce on the heart health of women, and the results point to an increased risk of heart attack for divorced females. 

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Posted on in Divorce

Algonquin Divorce Lawyer

Divorce changes the lives of everyone involved for quite some time because it is such a serious and emotional decision to make. There have been long-held suspicions that the time of year may influence the divorce rate, because of the different types of outside influences present. A study by the University of Washington was able to identify the peak times of year for divorce with quantifiable data. 

When are Divorce Rates Highest?

The study used a data set including filings for divorce in the state of Washington for a 14-year period from 2001 to 2015. Using those numbers, they plotted a graph which showed two major peaks. One peak was in March and the other was in August. Between March and August is a fairly high plateau and after August there is a steep drop-off. The graph also shows the rates increase steadily from January to March. 

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West Dundee Divorce Lawyer

Most parents understandably worry about their children’s reaction to learning about their impending divorce. Divorce means unavoidable upheaval in the lives of everyone involved. Telling your children about your divorce is not something that should be done haphazardly. You should carefully plan and discuss how the conversation will happen with your spouse. If you follow a few simple tips, it can make the process easier on you and them. 

Do Not Play the Blame Game

If your divorce is especially contentious, it may be tempting to speak poorly of your soon-to-be ex-spouse and blame the dissolution of the marriage entirely on them. The children do not need to hear that, no matter how much you believe it to be true. Presenting a united front will help the children adjust more quickly to divorce. They can see both their parents being mature and handling the separation as well as possible. It also lessens the likelihood of them feeling they are the reason for the divorce or that they must side with one parent or the other. 

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Posted on in Divorce

Kane County Divorce Attorney

Marriage should be a partnership in which both parties enjoy spending time with one another. Couples do not have to be together constantly for a healthy marriage, and some alone time is good for each person so they can pursue interests by themselves. For many people, this includes video games such as Fortnite and Call of Duty. Some spouses have an issue with how often their significant other plays video games, especially Fortnite. If someone is playing video games too often, it can lead to serious problems in a marriage, and even divorce in some cases. 

Fortnite and Divorce

Fortnite’s massive surge in popularity has led to millions of people playing it all over the world each day. The game has become a pop culture sensation and has been played by more than 200 million people worldwide. Many people are addicted to the game, playing for hours and hours per day at the expense of other aspects of their life, including their marriage. 

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Algonquin Divorce Lawyer

The oft-quoted statistic about 50 percent of marriages ending in divorce is incorrect and has been for some time now. Divorce rates have declined since the 1980s and it is now estimated your chances of divorce are at about 39 percent. Even though this seems like good news, it is not necessarily an indication that the number of people living happily ever after with their spouse has increased. 

Much of the drop in the divorce rate is due to the generation known as millennials, who are less likely to get divorced. A recent study said millennials were 18 percent less likely to divorce than young married couples in 2008. There are numerous potential reasons behind this shift.

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Posted on in Divorce

Algonquin Divorce Lawyer

Many people are searching for someone to marry and live with for the rest of their life. During that search, it is possible to become disillusioned and negative about whether you will ever find someone to be your spouse. If that happens, it can be easier to miss some warning signs that your relationship is not healthy and may be abusive. 

If you are unhappy in your relationship, consider these signs as they relate to your significant other to make sure they are the right one for you and they are not emotionally or physically abusive. If you are married and determine your spouse is abusive, it may be time to begin the divorce process

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Posted on in Divorce

West Dundee Divorce Lawyer

Relationships can be wonderful if you are with the right person. Each situation is different, but there are some warning signs to keep in mind when in a relationship to make sure you are not with the wrong individual. 

If your marriage exhibits a combination of these behaviors, especially to an extreme degree, it may be time to reevaluate. Perhaps your spouse or partner has a reason for exhibiting these traits, but if there is a pattern and you feel you can no longer handle it, it may be time to end the relationship and initiate divorce proceedings

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Kane County Family Law Attorney

Divorces are often contentious and stressful for everyone involved, including any children you share with your ex-spouse. Throughout the divorce process, you have to determine child custody, visitation, spousal maintenance, and more. Unfortunately, sometimes the child’s other parent will attempt to subvert their love for you and turn them against you.

This practice is called parental alienation and is considered by many psychologists to be child abuse due to the manipulative nature of the act. If you do not realize what is happening and your child becomes alienated from you, there are steps you can take to try to repair the damage that was done to your relationship by your ex.

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Kane County Divorce Lawyer

If you are going through a divorce and have children, there are many aspects which need to be worked out. Once the divorce process is complete, you and your ex-spouse will have to come up with a co-parenting plan for your children. 

Scheduling information, aspects of how you intend to raise your children, and communication about what happens in your child’s daily life are all important elements to consider as co-parents. Once you are divorced, it can become more difficult to do everything you need for your child, so a good co-parenting plan with your ex-spouse is critical to ensure they are raised the way you both would like. 

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Kane County Divorce Lawyers

Marriage is one of the biggest steps you can take in your life. A couple may think they are ready to be married and later find out they were not prepared at all, or that they are simply not happy being with their spouse anymore. If that happens, divorce may be the best option for both individuals and any children they might share.

While statistics show couples who marry for the first time have somewhere between a 40 and 50 percent chance of getting a divorce, there are programs available that help couples stay married. Data gathered by psychologists indicates these programs are beneficial to the couples who attend. 

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Posted on in Divorce

Kane County Divorce Attorney

Divorce can happen to couples at any age, whether they are young or old, and no matter how long they have been together. There is a growing trend in divorce in which older couples split even when they have been married for a long time. 

If a couple divorces and they are over 50 years old, it is commonly known as a “gray divorce.” Gray divorces bring their own unique challenges, and learning about those potential obstacles before you are in the middle of divorce proceedings will help you in your own case and in life afterward. 

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