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Naperville Divorce Lawyer annulment In some circumstances, the annulment of a marriage can be sought instead of a divorce. The difference between a divorce and an annulment is that a divorce ends the marriage, but an annulment declares that the marriage was invalid and should never have happened. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/301), the court has the power to determine and make it as though the marriage never occurred. However, an annulment will only be available in particular situations:

Lack of Capacity to Consent

If one or both of the individuals who were married lacked the mental capacity to consent to marriage, it can be annulled. This includes if the individuals were drunk, on drugs, or intoxicated by any other substance that mentally impaired them at the time of their wedding (think of a late-night Las Vegas ceremony). The parties can reasonably claim afterward that they did not have the capability to consent to the union. In such a case, the annulment must be sought within 90 days to void the marriage.

Coerced into Marriage

If one participant in the wedding entered into the union while under duress, the marriage may be annulled. In these cases, there is also has a 90-day time limit after learning of the conditions for annulment.

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Posted on in Divorce

Wheaton divorce lawyers

Your divorce may have taken a heavy toll on your life, but once the divorce process is over, you have to learn how to live on your own again. When rebooting after your divorce, it can be easy to get stuck in a rut and not know what to do with yourself when the person you have spent so much time with is out of your life. 

Successful Post-Divorce Life Tips

If you want to make your life after divorce more enjoyable, follow these helpful tips.

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Naperville divorce mediators

Marriage is supposed to be a partnership with both sides working together. Sometimes that does not occur and the marriage ends in divorce. If you are thinking about divorce but do not want to go through a lengthy court battle and you believe you can work through the divorce process with your spouse, divorce mediation could be the best choice for you.

What is Divorce Mediation?

Divorce mediation is used as an alternative method of resolving a divorce case. With mediation, a third party works with the couple to resolve all issues covered in their divorce agreement, including child custody, child support, and spousal maintenance. The mediator listens to both sides and crafts an agreement that is satisfying to both parties. 

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Wheaton divorce lawyers

If you are beginning the divorce process, you may be struggling with the emotional preparation for the changes about to happen in your life. Divorce is often a long and arduous process for both spouses. These four tips on how to prepare yourself for your divorce can help you shift your mindset as you prepare for the next chapter of your life. 

Develop a Support System

Keeping in touch with friends and family during the process will help you overcome the draining emotions associated with divorce. It is not beneficial to your mental and emotional health to hide away and be secluded from the world. It is hard to keep your mind from racing and thinking about the bad things in your life when alone, but when spending time with friends and family, your mind can dwell on other things. Letting yourself lean on your support system and forget about your problems briefly will help you cope with the divorce and the emotions you are feeling. 

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Naperville Divorce Lawyer

Divorce is generally more complicated if a couple has children together. A divorce agreement must determine parental custody, visitation, child support, and other matters. Children sometimes have a hard time accepting divorce and all the changes happening in their lives. Acceptance can be even more difficult when one parent relocates after a divorce

Relocation brings its own unique set of challenges. Moving far away after divorce should only be considered if it is absolutely necessary and due consideration has been given to the way it will affect the children and their relationship with both parents. 

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Oak Brook Divorce Attorney

Divorce can happen due to many different factors in the couple’s life, such as infidelity, general unhappiness, or abusive behavior. Money is also one of the most common concerns in a marriage. Financial problems put a strain on many marriages and are often cited as one of the more common reasons for divorce. 

Couples with more money can afford to hire someone to do the things they do not want to do and focus on more leisure activities. Those with less money, perhaps due to unemployment or underemployment, have to deal with the stress of worrying about how the family will pay its bills. Here is a look at one study that examined the effect of males in a relationship not having a full-time job.

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Naperville Divorce Attorney

Many people have opposing political ideologies due to a variety of factors, including how they were raised and where they were born. In a marriage, you are closer to your spouse than you are with other people, and it is likely political viewpoints are going to come up at some point. If you and your spouse have differing political viewpoints, it can play a role in the marriage moving forward, but that does not mean it is necessary to divorce because of the differences, even during these hyper-partisan times.

Marriage Statistics

One 2016 study interviewed just over 18 million married couples in the United States and found 55 percent of couples were Democrats or Republicans only. Independents married to one another made up 15 percent of those interviewed, which left 30 percent as mismatched partisan pairs, meaning two people with different ideologies who married.

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Posted on in Divorce

Oak Brook Divorce Lawyer

Deciding to end a marriage is among the most impactful decisions an individual can make. It involves considerable evaluation of what is right for you in your life and a significant amount of stress as you approach the unknown. While the substantial number of elements that need to be worked out in a divorce can be overwhelming, if you follow these tips, you can reduce some of the emotional burden that accompanies the divorce process.

Include Everything in Your Divorce Agreement

To ensure there is no confusion from either party after your divorce is final, cover every conceivable issue in writing as part of your divorce decree. With everything listed as part of the legal document, nobody should “forget” a part of the agreement. If they do, there will be clear evidence they have neglected their responsibilities. 

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Wheaton Divorce Attorney

The internet has become a place where you can locate anything. Cute cat pictures, a recipe, or a new husband or wife can all be found online. Many people have turned to online dating to help them romantically. According to market researcher Nielsen, almost 30 million unique users visit dating sites each month, which makes up almost 10 percent of the U.S. population. Online dating has caused a noticeable difference in how people view relationships, marriage, and divorce

Effects of Online Dating

It used to be that people would be much more likely to date someone their friends or acquaintances knew, such as a “friend of a friend” situation. However, the increase in online dating has caused a jump in dating between what essentially amounts to strangers. The people who meet on these dating sites are usually not people who have ever encountered one another before and have no other known connections. They were completely unknown strangers before meeting online, which is significantly different than how relationships formed previously. 

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Posted on in Divorce

Wheaton Divorce Lawyers

Parents with multiple children are often portrayed on TV as treating them differently based on the order in which they were born. For example, a common trope is that the youngest child of the family is treated less severely than the others because they are the “baby.” Another common portrayal is the oldest child has to be the responsible one and take care of the younger ones. 

Is it also possible birth order can affect adults later in life, and marriages as well? Research indicates different birth orders may impact marriage in both positive and negative ways, and could also influence the likelihood of divorce.

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Posted on in Divorce

DuPage County Divorce Lawyer

Divorce is something many people go through. Each couple is different, and there are many different reasons a couple or spouse might want a divorce, but there are some common themes or signs that may indicate the marriage could be headed for divorce. These signs do not mean a couple is doomed to divorce, but they can provide clues that they need to work with each other to resolve their issues before it is too late. 

Showing Contempt Toward Spouse

Four key behaviors can indicate a relationship is falling apart, and they are all related. Showing contempt for your partner, being overly critical of them, being defensive, and stonewalling are all actions indicative of serious problems in a relationship. Each of these issues should be taken seriously on their own, and any combination of them could mean a greater likelihood of divorce. Realizing your partner is human and makes mistakes, and showing empathy for them, are key aspects of a successful relationship. 

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Wheaton Prenup Lawyer

While marriage is a romantic relationship, it is also a legal contract and business agreement. Couples share each other’s assets and lives when they decide to get married. 

Prenuptial and postnuptial agreements used to be frowned upon by an overwhelming majority of people, but that has changed in recent years, especially with millennials. Society has largely altered how marriage is viewed, which has led to an increase in the number of prenups and postnups. 

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Posted on in Divorce

Naperville Divorce Lawyers

Divorce settlements require careful consideration of many aspects of everyday life. If a couple has children, the divorce process has even more elements to work out, such as the allocation of parental responsibilities and parenting time, formerly known for legal purposes in Illinois as child custody and visitation, respectively. 

Parental responsibility and parenting time are top priorities when negotiating a divorce decree. One related aspect is sibling and step-sibling visitation with other children in the family. If divorced parents have multiple children and custody is split between them, the siblings may wish to see one another, but a parent may try to deny visitation. Siblings can petition the court to grant them visitation when a parent denies it. 

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Wheaton Divorce Attorneys

When you go through a divorce, sometimes things slip through the cracks. The mental exhaustion most couples endure means they often do not operate at full capacity day-to-day, which is understandable. It is important, however, to keep up as best you can, and that includes your finances. 

There are numerous steps to take during a divorce to protect your credit. Here are some of the key divorce tips to remember:

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Posted on in Divorce

Wheaton Divorce Attorneys

When you are unhappy with your marriage and want a divorce, it is important to break the news to your spouse in the right way, especially if they have different feelings regarding your relationship. Reactions vary when confronted with something like divorce, and if the conversation does not go well, it can sour the divorce process significantly.

Choosing a Time and Place

It is not a good idea to surprise your spouse randomly with your divorce intentions. You should make sure there are no distractions and prepare to have a long conversation. You need time for a lengthy, serious discussion about this new development, and both of you will have a lot to process. Distractions are a hindrance, so get a babysitter for your children so you can have an out-of-home sit-down, and silence your phones while it takes place. 

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DuPage County divorce attorney

It is understandable to be concerned about your child’s well-being during your divorce process. It is an emotional and stressful time for everyone involved, especially for children. 

To them, it can seem like their whole world is being torn apart. Scientific studies have examined the effect of divorce on children, with interesting results:

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Naperville divorce lawyer electronic parenting timeIt is important to be mindful of your children during the divorce process. Their lives are changing in many different ways, and they need to have some sort of stability during the process. After a divorce has been finalized, and the division of parenting time has been determined, it is important to have a schedule in which a child knows they are going to be able to see their parents at a designated time. 

No matter how devoted a parent is to their child, there may be circumstances beyond their control which do not allow them to be present during their scheduled parenting time. If that is the case, Illinois is a state that allows for electronic parenting time or visitation for parents. Electronic parenting time involves the parent spending time with the child using a video call, a phone call, email, or other messaging system. Modern technology makes it easier than ever for parents to be present in their child’s lives, even if they are hundreds or thousands of miles away, and parents should be sure to understand how best to use these tools to maintain a close connection with their children. 

Who Is Eligible for Electronic Parenting Time?

Not every parent or child will need to use or be eligible for electronic parenting time. This solution should not be used in cases involving abuse or habitual deviance from the schedule that was defined in the divorce decree. Electronic parenting time is typically used under extraordinary circumstances, or when it is in the child’s best interests, such as the following cases:

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Posted on in Divorce

Wheaton divorce attorney

If divorce is something you are considering, or you are in the middle of a divorce case, one of your primary questions may be, “How long does it take to get divorced?”

Going through divorce increases stress and emotions, so it makes sense that you want to finish the process as soon as possible. It does not have to take years, but a quick divorce depends upon multiple elements coming together at once. 

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DuPage County divorce lawyer infidelity adulteryInfidelity in marriage is one of the most common reasons people choose to file for divorce. Once one person in a marriage commits adultery, their partner may feel that their trust has been broken and that they cannot repair the relationship. Couples in Illinois may wonder how adultery can affect their divorce case. 

Grounds for Divorce

The state of Illinois does not accept adultery as a reason to file for divorce. Illinois offers what is called “no-fault” divorce, meaning that neither party is considered to be at fault for the dissolution of the marriage. In the past, the law included a list of several different reasons that could be used as grounds to file for divorce. However, the only grounds for divorce that are currently recognized is “irreconcilable differences,” which means that a couple’s marriage has broken down and is beyond repair. 

Usually, there is no need to demonstrate that irreconcilable differences exist, and a divorce will be granted if both spouses agree to end the marriage. However, if one spouse objects to the divorce, adultery could be shown to be the cause of the irreconcilable differences, and if the petitioner can make the case that the marriage is irretrievable due to these differences, the divorce will typically be granted. If a couple is separated for at least six months, it is presumed they have met the requirement for irreconcilable differences. 

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Posted on in Divorce

Wheaton divorce petition lawyerWhen a person files a petition for divorce, they are required to make the other person in the relationship aware of the petition by legally serving them with the divorce papers. Once the divorce petition has been served, the other party has a window of 30 days to file a response. After the respondent has filed a response, a hearing date will be set. In rare cases, it is possible that the person being served will not respond to the divorce petition in time. If that does happen, the court may judge the divorce to be a default divorce.

What Can Happen With a Default Divorce?

If the respondent does not file their response to a divorce petition in time, a default divorce will occur. Since the court does not have a response from the other party, they will typically grant the requests in the initial divorce petition after a brief hearing. These requests can involve issues such as spousal maintenance or child support payments, property division, or child custody.  

If you are served with divorce papers, it is possible to ask for an extension before filing a full response. If an extension is granted, the petitioner will not be able to ask for a default judgment right away. After the judgment has been granted, there is also a limited period of time in which the respondent can ask the court to reconsider the judgment. It is usually necessary to have a legitimate explanation for why you did not respond to the divorce petition, and it is likely the judge will ask for proof of your explanation. 

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