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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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When it comes to divorce, the laws pertaining to alimony, asset, and property division, child custody and support and other related issues can vary from state to state. The differences between one state and the other might be enough for some to take their divorce on a road trip.

Facts About Divorce in Illinois

While divorce laws tend to vary from state to state, it is important to know the laws that oversee such matters here in Illinois. Here is a quick summary of some of the basics.

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Posted on in Divorce
Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,It is a common and widely-held opinion that divorce is no laughing matter, especially if you or someone you love has been through the experience. However, sometimes certain celebrity splits and other unusual reasons for divorce hit the news and one cannot help but shake their head and maybe even chuckle.

Strange and Weird

While many divorces involve fairly straightforward claims to dissolve a marriage, there are times when divorce attorneys and the courts hear of some very out of the ordinary claims. As it is, there are divorce laws in some states and countries still in effect that many consider unusual to downright bizarre. However, it turns out that these laws exist because the reasons for their creation still occur.
  • A man in Vermont can divorce his wife is she gets false teeth without first notifying him.
  • In New York, you can seek a divorce on the grounds that your spouse is legally insane. However, one must prove the spouse was mentally ill for at least five years.
  • In Delaware, one can obtain an annulment if the marriage is the result of a drunken dare or joke.
  • Seven states allow a spouse to pursue damages from a third party who was involved in the split of a marriage. This actually made news recently when it involved a member of the NFL’s Philadelphia Eagles.
  • In Wichita, KS, one may not use “mistreatment of a mother-in-law” as grounds for divorce.
  • In Japan, a newly divorced man can remarry at any time. However, the woman must wait at least six months to remarry.
  • Aboriginal women in Australia can end their marriage simply by marrying another man.
  • While “no-fault divorce” laws exist predominantly in the United States, that is not true in England, which provides for some unusual divorce cases in that country, sometimes requiring court personnel to stifle their own laughter.
  • In Kentucky, one can remarry their ex-spouse as many as three times, but a fourth marriage between the same parties is illegal.

Retain an Experienced and Resourceful Illinois Divorce Attorney

Even if you expect your divorce to proceed without much surprise or resistance, nuances of divorce law missed by an unpracticed individual can result in a prolonged process and additional expense. It is important to avoid time wasting and unnecessary costs by relying on a knowledgeable DuPage County divorce attorney. The Law Office of Matthew M. Williams, P.C. focuses its energy and resources on providing meticulous review and thorough representation from start to finish. Contact their offices today and learn how they put their experience to work for you.

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divorce, DuPage County divorce attorneyOver the last several decades, the attitudes toward marriage and divorce have evolved significantly in many parts of the country. Many states, including Illinois, have made ending an unhappy or unhealthy marriage easier than ever before, helping spouses escape what could be an ultimately damaging situation. In at least one state, however, a number of lawmakers believe that getting a divorce has become too easy and have introduced legislation that would limit the availability of no-fault divorce for its citizens.

According to recent estimates from the U.S. Census Bureau, the divorce rate in the state of Oklahoma is among the highest in the nation. An estimated one-third of all marriages in Oklahoma end in divorce and about 13.4 percent of the state’s population is currently divorced. For some in the state legislature, these types of numbers are unacceptable. Representative Travis Dunlap, R-Bartlesville, has introduced a bill that he believes will encourage married people to fight for their marriage rather than giving up with things get tough.

A Tough Sell in Modern Times

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Posted on in Uncontested Divorce

uncontested divorce, DuPage County family law attorneyDivorce does not have to be bitter and expensive. Many times a couple has the basic agreement worked out before the divorce is even filed. Under Illinois law, it is possible to fairly easily complete an uncontested divorce.

Advantages of Agreement

An uncontested divorce means that the two spouses have no remaining issues to put to rest. They may even file jointly for a divorce and ask the court to approve the agreement they have already worked out in negotiations.

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divorce, separation, Illinois Family Law AttorneyIf you know a couple who recently went through the process of divorce in Illinois, chances are, they were probably required to wait at least six months before the divorce would be granted. Even if the parties fully agree upon every detail of the dissolution, existing law in the state mandates a separation period in a no-fault divorce. Beginning in 2016, however, that will no longer be the case, as a new law will allow couples to look ahead to their post-divorce life without having to simply watch the calendar and wait.

Two Years or Six Months

The Illinois Marriage and Dissolution of Marriage Act contains most of the state’s provisions regarding divorce. For the last several decades, it has allowed for divorce on the grounds of irreconcilable differences—often called no-fault divorce—in addition to more traditional reasons, including adultery, repeated mental or physical abuse, or long-term alcohol or drug issues. However, before a no-fault divorce can be issued, the couple must show that they have lived “separate and apart” for at least two years. The law permits a shorter period if both parties agree, but in no case can the separation be less than six months.

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no-fault divorce, grounds for divorce, Illinois Divorce AttorneyTo many in modern Western culture, the option of divorce is one that is fairly-well taken for granted. While some may be opposed to the idea of widespread divorce for moral or religious reasons, they recognize it as a legal recourse to dissolve a civil agreement. In previous generations, however, divorce could often be much more complicated that it is today, as it required providing evidence of wrongdoing or fault on the part of one spouse. Throughout America, that is no longer the case, as each state has enacted its own provisions for completing a no-fault divorce.

No-Fault and Irreconcilable Differences

It is still very possible under Illinois law to pursue a divorce on fault grounds. These often represent serious allegations of actions committed by a spouse, including but not limited:

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Illinois family lawyer, Illinois divoce laws, Illinois divorce attorney,Divorce is not an easy process for anyone. It involves serious life changes, and you may need to relocate, join a new social circle, and possibly spend less time with your children.

Because of the emotional hardship of divorce, many people find it difficult to focus on the legal aspects of the divorce process. Make no mistake: Divorce is a legal procedure, which is why it is so important that you consult an attorney who can demystify the legal requirements.

Although every divorce is unique, there are a few steps that are common in most cases. Here is a step-by-step preview of divorce:

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Illinios divorce attorney, Illinois family law attorney, DuPage County divorce lawyer,The holidays can be stressful, which could be one reason January is oft-cited as “Divorce Month,” the month in which Americans are most likely to initiate divorce proceedings. According to Psychology Today, there are many reasons other than residual stress from the holidays that lead people to divorce in January: a fresh start for the new year or the fact that they were staying together for the kids during the holidays among them. If you and your soon to be ex-spouse were able to hold it together for familial reasons until January, you may want to consider a no-fault divorce. A no-fault divorce, in which both parties accept that the deterioration of the marriage was merely due to irreconcilable differences and that no party was more at fault than the other, can be a much easier process, both emotionally and financially.

If the spouses have lived apart for more than two years (this does not have to mean in separate residencies; the couple just needs to be able to prove that they were living more like roommates than spouses), Illinois state law provides for a no-fault divorce. Another ground for no-fault divorce is the agreement of both parties that they are simply unable to get along, and that efforts of reconciliation (such as couples counseling) have failed. Spouses may also have to prove that further efforts of reconciliation would not necessarily be good for the family.

No-fault divorce laws make divorce easier because the proceedings usually are not as cutthroat in court, because to win — or have assets split evenly — no party has to prove that the other is at fault. This alleviates the need for unnecessary finger-pointing, which in the worst-case scenario can sometimes amount to outright lies. All states have a no-fault divorce law as of 2014.

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divorce grounds, Illinois divorce attorney, Illinois family lawer,Sadly, marriages do not always work out. According to the most recent statistics, between 45 percent and 50 percent of first-time marriages end in divorce. While some relationships face troubles from the start — troubles that are often complicated by the marriage process — other marriages develop problems later on. Whatever the reason, many Americans find themselves making the decision to file for divorce. Splitting up a marriage, however, comes with a lot of legal work, including determining what the legal grounds for divorce will be, that can seem daunting for those who are not familiar with the process.

Understanding the justifiable legal grounds for divorce is the first step in ending a marriage. Like all difficult life changes, having a network of support can make a world of difference.

Just as people can benefit from emotional solace from friends and family during a divorce, so too can an attorney provide the legal support that is sometimes necessary. Even though some choose to face the legal task of ending a marriage on their own, those who are inexperienced can find a major challenge in navigating the legal work and intricacies of the law.

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Aurora family law attorney, Illinois divorce lawyer, Illinois family law attorney, no-fault divorce, irreconcilable differences, marriage breakdown, Illinois no-fault divorce

In Illinois, according to the Illinois General Assembly, various grounds for divorce include: adultery; the absence of one spouse for at least one year, willfully; habitual drunkenness (or drug use) for at least two consecutive years; being convicted of a felony or other “infamous crime”; attempted murder; bigamy; and impotence.

Illinois, however, is also a no-fault divorce state. This means that a couple can still be legally divorced, even if neither spouse is necessarily found at fault.

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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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