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St. Charles IL divorce lawyerThe process of legally ending a marriage can take many months even after a divorce petition has been filed. However, for many couples who separate before seeking a divorce, the process can be much longer. Some people are separated for years before finally making the decision that divorce is the best option. If this is true for you, you may find yourself dealing with some of the following legal issues during the divorce process.

Demonstrating Irreconcilable Differences

In order for a divorce to be granted in Illinois, the petitioner must demonstrate that the marriage has failed due to irreconcilable differences. This is a minor obstacle for most couples who are in agreement about getting a divorce, but it can be a bigger challenge when one spouse is opposed. However, if you and your spouse have already been living apart from each other for at least six months, with or without a judgment of legal separation, the court will consider this as irrebuttable evidence of irreconcilable differences, meaning that the divorce can proceed despite a spouse’s possible objection.

Revisiting Spousal Maintenance and Child-Related Issues

If you have petitioned the court for a judgment of legal separation prior to filing for divorce, it is likely that you have already reached an agreement with your spouse regarding spousal support, child support, and the allocation of parental responsibilities throughout the separation period. This may help you to simplify the divorce process if this arrangement continues to meet everyone’s needs and you can agree to continue it under the same terms after the divorce. However, if your circumstances have changed substantially during the separation, or if you are no longer satisfied with the agreement, you will have the opportunity to renegotiate the agreement during the divorce process.

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Kane County divorce attorneyGetting a divorce is not a decision to take lightly, and in many cases, it is a good idea to try to work out your differences with your spouse, possibly with the assistance of couple’s counseling or therapy, before resorting to ending your marriage. However, you may find that despite your best efforts to save the relationship, divorce is still your preferred solution.

At this point, you may have the question: Is there anything my spouse or the court can do to stop the divorce from moving forward? Fortunately, the short answer is no, but in some cases, you could find yourself having to go through additional steps to demonstrate that ending the marriage is the best option, including attending a court-ordered conciliation conference.

Understanding the Grounds for Divorce in Illinois

Since 2016, Illinois divorce courts no longer take fault into consideration in a divorce resolution. Instead, the only legally recognized grounds for divorce are irreconcilable differences. In transitioning to a “no-fault” divorce state, Illinois has recognized that couples may have any number of personal reasons for wanting to end their marriage. Irreconcilable differences are much easier to demonstrate than other possible grounds for divorce in the past. However, before granting a divorce, the court still may want to ensure that the couple has made all reasonable efforts to reconcile.

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Kane County divorce attorney property division

A couple may choose to get a divorce for a wide variety of reasons, and chances are, there is more than one contributing factor in any divorce situation. A recent study in the Couple and Family Psychology journal sought to identify some of the common causes by interviewing divorced people about their reasons, and you may find your own situation reflected in the results. It is important to note that depending on the reasons for your divorce, you may be in for a very different divorce process.

Why Do Couples Get Divorced?

Some of the most common reasons for divorce reported in the study include:

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