The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Yorkville spousal maintenance attorney

For many couples who are contemplating a split, the divorce process may seem overwhelming and rather complicated. While it is true that the divorce process can be a difficult one, it is not impossible. Getting help from a knowledgeable Illinois divorce lawyer is the easiest way to ensure you receive a fair settlement in your divorce. There are various stages of an Illinois divorce, many of which are multi-faceted and can become lengthy in certain situations. Even though the divorce process can seem daunting at first, a positive outcome is achievable, and divorce can ultimately benefit everyone in your family in the long run.

Filing a Petition for Divorce

The first step in getting a divorce is to file a petition for divorce at the courthouse in the county in which you reside. Filing a petition is simply a way of saying you are asking the court to allow you to dissolve your marriage. To file this type of legal document, you must have lived in Illinois for at least 90 days, and you must pay a filing fee. The state of Illinois only recognizes one “grounds” for divorce now -- irreconcilable differences. This means your marriage has broken down to the point of no return, and attempting to reconcile would not be in the best interests of the family. You can prove this by living apart from your spouse for at least six months prior to filing the petition for divorce.

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Aurora collaborative divorce attorney

For years, there were only two ways you could end a marriage -- by settling the divorce through the use of two different attorneys or by taking the case to court to hash out the issues before a judge. In recent years, the use of alternative dispute resolution has become a more popular form of divorce, rather than the traditional litigated route. There are two main forms of alternative dispute resolution: collaboration and mediation. Both ways of divorcing allow couples to settle divorce issues on their own terms, rather than leaving them to a judge to decide. Many people have a false notion that collaborative divorce and mediation are the same thing, but they are different, and each method has its own unique benefits.

Divorce Mediation

In a mediated divorce, the couple works with a neutral party, called a mediator, who helps them make decisions about their divorce. The mediator does not have to be an attorney, but it should be a person who is trained in mediation and knows divorce and family law. The mediator should be a completely neutral third party to the divorce, and they will not advocate for either spouse. Both spouses may still need to retain their own attorneys to help them understand their rights and legal options throughout the mediation process. An attorney can also go over the divorce settlement and identify any issues that should be addressed prior to finalizing the divorce.

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Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Getting a divorce is a time-consuming, stressful and frustrating process. Not only are you legally separating yourself from your ex, but you are also emotionally cutting them out of your life - a divorce is a loss and it should be treated like one. There are many considerations you must make when you get a divorce and that are a lot of ways you can make mistakes, but an Illinois divorce attorney who has experience in successful divorce cases can help you make the right decisions for your family. From issues with finances to issues with your emotional wellbeing, here are five mistakes that you should avoid making during your divorce: Not Being Prepared and Informed The thing that is going to help you most during your divorce is being prepared with all of the information that you are going to need and being informed about your financial situation. Prior to beginning a divorce, make sure you have enough money set aside for legal fees, court costs and other costs you may incur. You should also have copies of all important financial documents and records including bank statements, pay stubs, tax returns, property deeds, vehicle titles and registrations, wills and trusts and any other pertinent information. Not Considering All of Your Options Many people think that their only option when it comes to divorce is the traditional divorce litigation. Now, there are many forms of alternative dispute resolution to choose from when you want to divorce, including mediation, collaborative law, and simplified dissolution. You should talk with an attorney to discuss all of your options before you choose one. Not Putting Your Children First With everything that you are thinking about and dealing with during a divorce, your children can be unintentionally put on the backburner. You should always have your children at the forefront of the decisions that you are making. Make sure you have a parenting plan created when you get a divorce so that you and your children know what will happen once the separation is final. Letting Your Emotions Take Over Though it may seem impossible, letting your emotions get the best of you during your divorce is not good for anyone. You may have feelings of anger, sadness, grief, and resentment boiling in your mind, but you cannot let those feelings fuel your decisions that will affect you for the rest of your life. Seeing a counselor or therapist can help you sort out these emotions during this troubling time. Not Hiring a Knowledgeable DuPage County Divorce Lawyer

One of your biggest mistakes can be not hiring competent legal representation. You should always have some sort of legal counsel with you when you are negotiating terms of your divorce settlement so that you can be informed about the decisions you are making and how they will impact you later. By hiring a well-versed Aurora divorce lawyer, you can be sure that all of your needs are being taken care of. The attorneys at the Law Office of Matthew M. Williams, P.C. will advocate for you and guide you every step of the way through your divorce. Call the office at 630-409-8184 to schedule an appointment.

 

Sources:

https://www.huffingtonpost.com/cheryl-and-joe-dillon/common-divorce-mistakes_b_6057888.html

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Those who have gone through a divorce will tell you that it is no easy feat. In addition to all of the logistics of a divorce, it also comes with emotional worries and changes, especially to children. Children are usually flexible and good adapters, so most children are fine after a short period of reassurance from their parents. In order to ensure that your child understands the divorce and transitions to their new life, it is important that you understand how to talk to your children about the divorce. Here are five tips that might make telling your kids a bit easier:

  1. Choose the Right Time to Tell Them

Timing is everything. If you and your spouse are just fighting, do not tell your kids that you are getting a divorce because you threatened one in a fight. Kids can be sensitive about divorce, so until your divorce is finalized or close to being finalized, you should hold off on the conversation.

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Posted on in Divorce Finances
Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Though the actual act of divorcing does not affect your credit score, divorcing can have an effect on your credit through indirect ways. Women, especially, have traditionally had issues with their credit ratings after divorce because men were traditionally the breadwinners of the families and controlled the finances. Although things have changed, there are still a majority of women who have financial issues after divorce. One of those issues is trying to rebuild credit after years of intermingled credit with their spouses. Understanding steps you can take before and after your divorce to help protect your credit can be crucial to your financial wellbeing. Close Your Joint Accounts The first step you should take after you begin the divorce process is closing all of you and your spouse’s joint accounts. Because the accounts are joint accounts, both you and your ex are responsible for the accounts and the debts accrued on those accounts. By closing the accounts, you are preventing your ex from spending any more money on them and designating the debt to one person, rather than both of you. Keep Paying Your Bills You should also remember that it is a top priority to keep paying all of your bills, even if you are going through a divorce. On credit cards, make at least the minimum monthly payment, and for mortgage payments, you should pay them in full. Even one missed payment can damage your credit score and can cause future lenders to deny you or raise interest rates for you. Establish Your Own Credit One of the more important steps you can take to protect your credit is to establish your own credit under solely your name. Getting a credit card that has a small limit, such as a credit card from a store, can raise your credit score if you pay off the card as soon as you use it. Get Help from an Experienced Aurora Divorce Lawyer

If you are thinking about a divorce, one of the things you need to address is your finances and how you will be financially after the divorce. With the help of a knowledgeable DuPage County divorce attorney, you can take the necessary steps to protect yourself and your credit during and after your divorce. Contact the Law Offices of Matthew M. Williams, P.C. to begin discussing your situation. Call the office at 630-409-8184 to set up a consultation.

 

Sources:

https://www.experian.com/blogs/ask-experian/credit-education/life-events/divorce-and-credit/

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Divorcing with children is not uncommon--anywhere from 40 to 50 percent of divorcing couples have at least one child under the age of 18. Divorcing with children adds an extra layer of complexity to divorces--you have to think about who the child will live with, what the parenting arrangements will be, how you will share the cost of raising a child and more. Children all react to divorce differently and some can have a difficult time coping with the separation of their parents. Here are five ways you can help your child through your divorce:

Be Honest

There is no reason that you should try to hide your divorce from your children. They are very perceptive and can probably tell that something is wrong, even if you do not tell them. It is best for everyone if you tell your children that you are getting a divorce in a straightforward manner and in a way they can understand.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Divorce is a fairly common thing in the United States, with the Illinois Department of Public Health reporting that 29,331 divorces were granted in the state of Illinois in 2016. Divorce can be a messy process, spanning months, or even years in difficult cases. There are many things to consider, like assets, money, debts and even children. The divorce process can be overwhelming, but with the help of a lawyer, it can be simplified. Filing a Petition

After you have made the decision to file for a divorce, the first step is to file what is called a petition. A petition is simply just the formal way of asking the court of the county where you reside for a divorce. Even if the divorce is a mutual agreement, one spouse must file the petition that will be served to the other. The petition will state the two individuals involved in the divorce, information about the residency requirements and the reason for the divorce. In Illinois, you qualify for divorce if you have lived in the state for more than 90 days. You can choose whether or not you want to state a reason for divorce or if you want to file a no-fault divorce. The state of Illinois recognizes the following as grounds for divorce:

  • Habitual mental cruelty;
  • Habitual physical cruelty;
  • Drug or alcohol abuse;
  • Willful desertion or abandonment for one year;
  • Adultery;
  • Infection with a sexually transmitted disease; and
  • Conviction of a felony.

Temporary Orders

The next step in filing for divorce is to gather and fill out all of the documents necessary to reconcile your separation. These forms are called temporary orders and they set rules for family and financial issues during the time that the divorce is being processed. These forms pertain to issues such as:

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Nobody prepares for divorce when they are engaged, but according to a survey from the American Academy of Matrimonial Lawyers, that is exactly what people are doing. Of the members surveyed, 62 percent saw an increase in the number of couples seeking prenuptial agreements over the past three years. Increasing Popularity, Losing Stigma One reason why prenuptial agreements are becoming more common is due to the trend in marriage - more people are waiting until they are older to get married. According to a U.S. Census report, about 8 in 10 people had married by age 30 in the 1970s, but in 2016, the same percentage was not reached until age 45. Because people are waiting longer to get married, they are more likely to have accumulated assets, such as a business or property. A prenuptial agreement is a way for couples to protect these assets in the event of a divorce. Prenuptial Agreements May Be for You

While prenuptial agreements still might ring unromantic for some, they can be right for others. Here are seven situations in which a prenuptial agreement might be right for you.

  1. When important assets are involved - When you have assets such as a house, stocks or retirement funds, a prenuptial agreement can protect your personal assets.
  2. When children from previous marriages are involved - Many times people have obligations to their previous spouses or children from a previous relationship. Prenuptial agreements can protect certain assets and allocate them to the children.
  3. When one partner owns a business - If you own a business and you end up getting a divorce, part of your business may be allocated to your spouse, meaning you may end up with an unwanted partner in your business.
  4. When one partner is much wealthier than the other - When there is a major income difference in partners, things can often turn out not in the favor of the wealthier partner.
  5. When one partner is much older than the other - If one partner is much older than the other, the older partner may not be able to recover their assets in time for retirement.
  6. When debts are involved - When one or both partners have debt going into a marriage, having a prenuptial agreement can ensure that each partner pays for his or her own debt when the marriage is dissolved.
  7. When inheritance is expected - If one or both partners expect to gain an inheritance during their marriage, a prenuptial agreement can prevent it from being divided in the case of a separation. A prenuptial agreement can also specify that family heirlooms stay with a specific partner.
Contact an Illinois Prenuptial Attorney If you think that a prenuptial agreement is right for you, you need the help of an experienced Illinois prenuptial attorney to take care of the details. The Law Office of Matthew M. Williams can provide you with guidance and nearly 10 years of expertise. Call 630-409-8184 to schedule a consultation.

Sources:

https://www.washingtonpost.com/business/economy/why-youre-more-likely-to-have-a-prenup-than-your-parents-were/2017/08/04/51361598-77d8-11e7-9eac-d56bd5568db8_story.html?utm_term=.4744c5cea865

http://aaml.org/sites/default/files/New%20vow%20%E2%80%99Til%20prenup%20do%20us%20part.pdf

Posted on in Divorce

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,It is not uncommon for young couples to get married. In fact, it is almost expected. What seems far less familiar is when a young couple goes through divorce, even after only a few years of marriage. The hard reality is that, regardless of their age or how long they were married, when a couple realizes their marriage just is not working then the best course of action may well be divorce.

Divorcing While Still in Your Twenties

Divorce, regardless of at what age or length of the marriage, is no less emotional for the couple; the decision to end a relationship that was supposed to last forever is rarely easy. However, younger couples may find a smoother, post-divorce path, and when a marriage ends after only a few years, the process tends to be less drawn out for a few key reasons.

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Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Even the best marriages encounter issues and difficulties that couples must work through in order to make the relationship work. However, sometimes the size of the problem or the sheer number of issues that come between spouses are just too much to overcome. They may fight the notion at first, but eventually, a couple will come to the conclusion that divorce is probably their best course of action.

The Little Things That Add Up

Before the decision is made to seek a divorce from that person you promised to spend the rest of your life with, it is likely an individual encountered and dealt with one or more problem that seemed to drive a wedge into the marriage. Below we will examine some of the issues that plague married couples, which often serve as indicators that divorce is on the horizon.

  • If you cannot be open and honest with your spouse for fear of being made to feel inferior or that your vulnerability will be used against you later it may be a sign that your relationship lacks the capacity for healthy communication.
  • The expression, “you married their family” is based in reality. Tension between the family members of married couples can create lasting problems in a marriage, testing where one’s loyalties lie.
  • Negativity and constant criticism have a way of eroding a good relationship. If often makes one feel like their character is constantly under attack.
  • Money is often a big source of tension in a marriage. Lying about finances, expenses, and expenditures not only builds mistrust and harms the financial well-being of the relationship.
  • The decision whether or not to have children should be agreed upon prior to a marriage. However, when one has a change of heart it can cause a rift for which there is no repair.

Whatever the Reasons, Rely on the Counsel of an Experienced Aurora Divorce Lawyer

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Posted on in Infidelity
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Having an unfaithful spouse is a big reason why many marriages end in divorce. Infidelity signals a lack of trust, respect, and communication, and often signals the relationship is beyond the point of repair. So, the question is, why do people cheat on their spouse?

Reasons People Cheat

Attempting to pinpoint the reasons for a specific behavior is often a difficult task. However, over the years it seems that a handful of explanations appear to be mentioned most frequently in social studies and anecdotal reviews. Here are some of the more commonly occurring motives spouses admit to when discussing their reasons for straying.

  • Boredom: It may seem cliché or even immature, but adults get bored in the bedroom and look for excitement outside their marriage.
  •  A need for physical contact and attention: This often occurs when communication breaks down between a couple. When the physical contact and attention ebbs in a marriage, for whatever reason, a spouse may seek that attentiveness they desire from another individual.
  •  Lack of intimacy: When things cool off in the bedroom, a spouse may seek to rekindle that passion with another partner.
  • Spite or revenge: This frequently occurs when one partner discovers the other was unfaithful, so to “even the score” they go out and have an affair to get back at their spouse.
  • Some people think it is okay to cheat: There is evidence to suggest that some adults are conditioned to think cheating is acceptable. This often occurs among those who were exposed to a marriage in which one or both parents were unfaithful.
  • Low self-esteem: Individuals who constantly seek the attention and approval of others tend to engage in extramarital affairs. Cheating may be their coping mechanism by which they seek to feel needed or desired.

The summary provided above is not meant to imply that these reasons for cheating are acceptable, or cannot be overcome. In most cases, frequent and honest communication among mature individuals can often help prevent infidelity before it occurs.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,The reasons couples get divorced vary from the very common to quite unique. In some cases, tales of the odd and downright unbelievable accompany court filings. Whether they are true or just some ploy to gain sympathy from the court in an effort to win more a more favorable alimony settlement, there are anecdotes of some very bizarre reasons why individuals have sought a divorce from their spouse.

Examining Some of The Most Bizarre

Infidelity, abuse, chemical dependency, mental illness and even irreconcilable differences are probably some of the most commonly applied reasons for divorce, Here, however, we are taking a look at some of the strangest reasons people filed for divorce from around the world.

  • My wife is possessed: Not possessive, but rather possessed … as in, by an evil spirit or the devil. An Italian man used this as his grounds for seeking a no-fault divorce. He even supplied witnesses to his wife’s odd behavior. In the end, he got his divorce.
  • Marriage turns ice cold: A Japanese couple filed for divorce after the husband told his wife he really did not care for the animated film, Frozen. She loved the movie and was so put out by her husband’s failure to recognize the film’s greatness that she asked for a divorce.
  •  Nice try, but you are still alive: In 2004 man suffered a serious illness during which time his heart stopped beating. In 2007 he filed for divorce claiming he and his wife were no longer legally married since he had died, although not permanently. The judge did not buy it.
  • Easy come, easy go: After 25 years of marriage, a woman filed for divorce from her husband, seemingly out of the blue. The man was baffled until he and his lawyers learned the woman won more than one million dollars in the lottery and was hoping to keep it all for herself. No such luck. The judge ordered her to turn over all her winnings to her husband.

Retain a Resourceful Illinois Divorce Lawyer to Help You Gain a Proper Settlement

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Posted on in Child Custody

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Perhaps one of the most difficult and emotional parts of any divorce is when the the future and custody of children is involved. This can still weigh heavily even years after a divorce is final when parents enter into a new relationship and combine their children with those from another family whose parents are no longer married.

Unlike Television

When two adults decide to enter into a relationship, especially one that may result in marriage, their children usually have little influence. However, getting married and starting a family that involves the blending of two, previously existing families, definitely comes with some pitfalls to navigate on the path to establishing a happy and healthy household.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,It is not uncommon for a person to say that they were taken by complete surprise when served with divorce papers. When one spouse does not recognize the signs that their marriage is in trouble it often results in great emotional hardship. However, if you are paying attention, there are some signs that are not too hard to miss.

What to Watch For

Now, just because some appears on the list below does not necessarily mean your marriage is headed for divorce. In fact, if caught early enough, many problems or points of contention between couples can be worked out through counseling. However, both spouses must be willing to put their full energy into correcting any problems and committed to ensuring they do not reappear in the future.

  • When a spouse is overly judgmental, criticizing every little thing about their partner, it can lead to problems. Spouses need to accept each other for who they are because constant criticism is rarely an effective means for change.
  • If a spouse places everything else – work, hobbies, commitments and obligations to friends, for example – before the marriage, problems are likely to arise. To make a marriage work it is important that the couple spend time together.
  • Intimacy enhances trust and closeness, and without it, a relationship can die on the vine. This applies to both physical and emotional intimacy. You must work at keeping the intimacy fresh and alive.
  • A strong relationship requires that couples engage in some give and take when making decisions. However, when one spouse feels entitled to always getting their way it can throw the marriage out of balance and leave the other partner feeling minimized.
  • Marriages require that partners share responsibility equally. Problems can materialize is one spouse is always dominant, or if a spouse is lazy and disinterested when it comes to dealing with marital matters.

With all this talk of sharing and equal partnership, it is important to remember that couples must also maintain a sense of individuality. If they become too dependent on each other that loss of identity can result in serious issues.

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Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,When young people decide to get married they often face a variety of outside opinions and attitudes about their decision. The same is true for when that marriage ends and the couple, both of whom are still very young, decide to get divorced. It is no less difficult just because they are still young.

Young Couples and Divorce

Divorce, regardless of the age of the spouses or number of years of marriage, features some very common issues. However, those who divorce at a young age and after only a few years together frequently encounter a number of issues unique to their situation.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,There are some people who like to say that they saw a divorce “coming from a mile away,” but the reality is that predicting the end of a marriage is not like picking a winner at the track. However, there are some who study marriage and divorce and seem to think that, like predicting the weather or the outcomes of sporting events, there definitely are some signs or indications that some marriages are more doomed to fail than others.

What Divorced Couples Have in Common

Just as most Super Bowl championship teams have a great defense or a game-changing playmaker, or World Series champs have great pitching and reliable defense, some social scientists have come to the conclusion that divorce couples also share certain aspects. While nothing is 100 percent certain, there is some credibility to their findings.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Frequently it happens that following a divorce one might find him or herself, not necessarily regretting their divorce, but perhaps wishing they had known more about the life they are about to enter. There are a variety of resources to consult, but be careful of the information you obtain, and from who or where you receive it.

For Your Consideration

There are so many variables when it comes to divorce, and while there is no, all-knowing crystal ball, there is enough information and anecdotal data to provide people with a map of the obstacles to be faced. Provided here are some descriptions of divorced-life hurdles, gathered from those who have experienced divorce:

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end-marriageThere are a lot of people out there who claim to be experts on a wide variety of matters. The truth is that more times than not, the most knowledgeable person on any issue is the one who has lived the experience. This holds for divorce, as there are certain things about ending your marriage and living as a divorced adult that only those who preceded you really understand.

Been There, Done That

It is no secret that even just considering a divorce is something that weighs heavily on one’s mind, as the lasting implications affect more than just the married couple and more than just the immediate household. Here is a list of issues that come with a divorce, from those who went through the process:

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Posted on in Child Custody

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Honest and open communication is an important tool in any relationship. When it comes to breaking the news about an impending divorce, good communication skills will come in handy. This is especially true when it comes time to telling your children that you and your spouse are divorcing, and the subject of child custody becomes a reality.

Breaking the News

Just as many adults are affected by the news of divorce, children frequently take the news quite hard. The range of emotions, from anger to guilt, can impact many other areas of their young lives. Here are a few thoughts on the subject that may just help you break the news while easing the pain your children feel, even if just a little bit:

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,The reasons people divorce, as well as those why they marry, are sometimes difficult to put into words. Sometimes the cause is easy to pinpoint, whether infidelity, incompatibility or even abuse, but frequently one or both spouses discover some innate feeling that only makes sense to that person. Whether others believe you or not, when you decide that divorce is the right decision the reasons may only make sense to you.

Rarely Discussed Reasons for Divorce

As mentioned above, there are some pretty common and overt reasons why marriages fail. When one or both spouses cheat, partake in an extramarital affair, or place other things, such as work or time with friends, ahead of the marriage it often signals the end of that relationship. However, presented here are some common reasons people choose to divorce that, although common, rarely receive the attention they deserve.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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