When getting a divorce, making decisions based on reliable information is essential. Unfortunately, there is a lot of misinformation out there that could make this process more complicated and confusing. Each step of the divorce process will involve several legal, financial, and practical considerations. It is essential that you know what information you are getting and where you are getting that information from. Working with an experienced divorce attorney can help you from making mistakes that may later cause significant difficulties within the divorce process. Below are a few myths to consider if you are considering a divorce.

You Need A Reason

Illinois is a no-fault state, meaning you do not need a specific reason to divorce. If you have decided to end a marriage, that is enough to support a divorce filing. You can still file for divorce even if you and your spouse are not on the same page.

Adultery Is Irrelevant During A Divorce

While Illinois is a no-fault divorce state, adultery can still impact your divorce process. Under certain circumstances, if adultery took place during the marriage, that could affect the financial aspects of the divorce as well as the determination of child custody.

If you and your partner decide that the best way to go forward is to get a divorce, your biggest fear may revolve around how difficult and taxing the process will be and potentially become. While it is true that many divorces become stressful and complicated, if both parties are willing and able to cooperate and negotiate, you can reach a resolution that satisfies both parties. For parties to get an amicable divorce, they should approach it in a way that prevents any future conflicts from taking over.

Ways To Reach an Amicable Divorce

Being able to have an amicable divorce relies on the behaviors of both parties. Here are a few ways that can make an amicable divorce more likely:

• Couples therapy - In most cases, couples will attempt couples therapy before deciding on a divorce, but if, even after the decision, both parties are willing to attend couples therapy, it could save the marriage. If not, couples therapy can help the parties better understand each other's needs and wants for the future.
• Working on communication - Amicable divorce depends on two people being willing to speak freely and respectfully to each other. Each party should work on communication with each other and be able to express their needs and wants clearly. Each party should also be willing to listen to each party's perspective and work to identify solutions that meet both parties' needs and desires.
• Children's needs - Focusing on a party's child's needs and wants can help prevent the parties from approaching their divorce with selfish intent. It can also encourage parties to seek solutions that impact the entire family in a positive sense. It is essential to focus on the influence that a divorce will have on the spouses and how it will influence their children.
• Collaborative solutions - Sources such as mediation can help parties maintain an amicable divorce, leaving the significant decision-making power in the hands of someone who can guide you through this stressful time. Mediation can help parties create productive communication.

Contact a Kane Divorce Lawyer

At the The Law Office of Matthew M. Williams, P.C., we understand how an amicable divorce can provide many positive benefits for couples and their children going through a divorce. We can provide you with the legal counsel you may need to ensure you are making good decisions without resorting to strategies that may cause conflict. Contact an Aurora amicable divorce attorney today at 630-409-8184 and arrange an initial consultation. You do not need to go through this alone.

Effective January 1, 2016, Illinois transitioned to a no-fault divorce state.  Public Act 99-90 (SB 57) amended the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq., eradicating the at-fault divorce law when spouses could be held accountable for divorce.  If a spouse commits infidelity, mental or physical abuse, or financial fraud, they will not be blamed for the marriage's demise. The benefit of a no-fault divorce state mitigates family trauma as neither spouse is culpable. Divorce is either uncontested or contested. Whether you proceed with an uncontested or contested divorce, retaining a good divorce attorney is imperative.

Ten Essential Steps to an Uncontested Divorce

Even if you are lucky enough to have an uncontested, amicable divorce, each party should still retain counsel. A lawyer can evaluate the spouses’ agreed-upon proposals and accurately draft the divorce decree. Hiring a lawyer to assist with an uncontested divorce is also crucial if the couple has children, has been married for an extended period, has a high net worth, or has high-value assets.  The benefit of an uncontested divorce is that neither party has to appear in court, which renders the process cost-effective, timely, and peaceful. An uncontested divorce usually entails the following steps.

1. Retain legal counsel

   ...

An annulment, now legally termed "Declaration of Invalidity of Marriage," used to be a more common legal proceeding than it is today. There are now specific criteria that a spouse must prove for a court to declare a marriage invalid. Due to the strict circumstances that qualify for an annulment, along with its statute limitations, a declaration of invalidity of marriage is complex and sometimes difficult to attain. The couple should seek legal separation or divorce if the annulment petition is not filed within the allotted time frame or if the union does not violate Illinois marriage laws. A family law attorney can explain the conditions and proceedings of a divorce and an annulment and help you decide the best option.

Differences and Similarities between Divorce and Annulment (Declaration of Invalidity)

A divorce legally terminates a valid marriage, whereas an annulment legally expunges the marriage, rendering it null and void. An annulment affirms that the marriage was legally invalid, erasing it from records. Like divorces, one party may contest the annulment.

Divorces are typically easier to attain than annulments, which have specific conditions and time limits. Children of parents who get their marriage annulled still retain the same rights, including child support and inheritance. Unlike divorce, an annulment often enables each party to evade lengthy court fees, equitable distribution of property, and spousal maintenance (alimony). IT should also be noted that a civil annulment is entirely unrelated to a religious annulment. 

The choice to separate from your partner can be an emotional one, and the legal steps necessary following this difficult decision can be overwhelming. While the short answer to the question of whether a lawyer is required to proceed with a divorce is no, a lawyer is not required in the state of Illinois. However, there are certain things to consider, if you and your spouse have children together, you own high-value assets, or you and your spouse are having difficulty settling on the separation agreements, a lawyer is beneficial.  

How Do I File for Divorce?

Divorce proceedings differ from state to state. In Illinois, the individual seeking a divorce must file a Petition for Dissolution of Marriage. After the petitioner files the necessary paperwork, their spouse is expected to respond to the petition in order to legally divide child custody, assets, debts, and child support. Those with children will most likely need to file a few additional forms. If the spouse chooses not to respond to the initial petition, there will be a default judgment made by the judge, meaning that property and child custody will be divided without the input of the spouse. 

Seek Legal Guidance

If you are struggling with any of the previously mentioned topics, a lawyer is highly recommended. There’s no need to go through the stress of filing for a divorce on your own, and because these obstacles can be difficult to navigate, legal guidance may even be crucial in receiving the best outcome in your settlement.