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

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

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fault, divorce, Aurora family law attorneyIn less than two weeks, a new era of family law is set to begin in Illinois. For the first time in nearly four decades, state’s statutes regarding divorce and other family-related concerns is being completely revamped. After receiving bipartisan support in the Illinois House and Senate this past spring, the reform was signed by the governor in July and is set to become effective on January 1, 2016. The measure takes aim at a large number of provisions in the law, including child custody, out-of-area relocation, and more, but one of the biggest changes affects the way that divorce is handled in the state.

Grounds for Divorce

Currently, there are about a dozen grounds for divorce that are based on the behavior of a spouse. These include what you might expect: adultery, abandonment, mental or physical cruelty, habitual drunkenness, severe substance abuse, and the conviction of a serious felony or other infamous crime. A divorce on one of these grounds is said to a “fault” divorce, casting the blame, in a legal sense, on the spouse whose actions led to the breakdown of the marriage.

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Illinios divorce attorney, Illinois family law attorney, DuPage County divorce lawyer,Divorce is a challenging legal battle, as well as an emotional hurdle. Given that divorce is so common these days, it can be easy to underestimate what the process involves. Some people mistakenly assume it is as easy as signing a piece of paper. The truth, however, is that even the most amicable divorces can bring with them some legal intricacies that can make the procedure more complex. In many ways, getting through is about understanding priorities during a divorce. Being clear on the reason for divorce, judging the benefits of hiring an attorney, and making sure any children involved receive what they deserve are all a parts of coming out of a divorce satisfied and ready to take on a new life.

Determining the Type of Divorce

“Fault” and “no-fault” are the two main types of divorce recognized in Illinois. While many are already familiar with the types of divorce, it is not uncommon to see divorcing spouses who are unfamiliar with these terms and what they imply.

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happiness of marriageThere is an old maxim about marriage that it is better to be happy than it is to be right. Rather than take that on authority, three doctors in New Zealand decided to run a study to see how true it was.  It turns out that the opposite might be truer.

The general practitioners said that the cause of the study was that they often see patients “who lead unnecessarily stressful lives by wanting to be right rather than happy.”  They contacted a couple to act as a trial.  That particular couple was asked to participate due to the power dynamic of their marriage.  The woman in the relationship preferred to be right all the time whereas the man wanted to be happy.

Each day of the study, both spouses were asked to rate their individual quality of life.  The doctors instructed the husband to always agree with whatever his spouse said, be that a request or an opinion.  It did not matter if she was wrong or right.  The wife was unaware of this aspect of the study.

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You suspect your husband or wife of cheating. Maybe you pieced together a series of small irregularities: a late night at the office, followed by a cleared internet search history. It could just be a chill in the relationship. Or maybe you just got a feeling. For whatever reason, you believe that the marriage might be over, and you want to know what to do. Aside from consulting an experienced divorce lawyer, there is not much you can do. There is, however, one thing you should not do in seeking a divorce, and that is hiring a private investigator.

  no fault divorce imagePrivate Investigators

The classic noir films are full of images of the hard-boiled private eye, clad in a trench coat and fedora, smoking a cigarette while peering through binoculars, watching someone’s husband in the throes of passion with someone not his wife, all the while taking notes for a soon-to-be-heartbroken client. While these images make for good movies, the reality of the situation is far less romantic, and far less important in divorce today.

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Charles no fault divorce

What are the Grounds for Divorce in Illinois?

The old concept that only an “innocent” spouse may file for divorce has been abandoned in Illinois.  Although Illinois still maintains the traditional "fault" grounds for divorce, it has added a "no fault" ground known as “irreconcilable differences.” Today, either spouse may file for divorce, regardless of whether one was at fault or engaged in any marital misconduct such as adultery.

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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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