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Il divorce lawyerIt can be hard to know when a marriage is broken down irreparably. Spouses may try to reconcile their differences by talking through their problems, undergoing couples counseling, or even agreeing to a trial separation. For some couples, however, these attempts do not work and the marital turmoil continues. The only two people who can know for sure that a marriage is over are the spouses. However, there are often signs that may mean a marriage has deteriorated to a point that divorce becomes the best option.

Issues That May Be Symptomatic of Irretrievable Marital Breakdown

There is no one way to know whether a marriage can be saved or not. Some couples are able to resolve their disagreements and continue a long, healthy marriage. Others realize that their differences cannot be reconciled and decide to divorce. Some signs that may be indicative of an impending divorce include:

  • You no longer enjoy being around each other. – Everyone gets annoyed by their spouse once in a while. However, if spouses are going out of their way to avoid each other for long periods of time, this may mean that divorce is the best option.
  • You have stopped communicating. – Marital conflict can only be resolved when the spouses are able to communicate with each other. If you and your spouse have reached a point where you cannot even discuss issues, this may be a sign that the relationship cannot be saved.
  • Trusted friends and family encourage you to end the marriage. – If your most trusted loved ones are encouraging you to divorce, they may recognize that the marriage is no longer healthy or beneficial.
  • You and your spouse do not respect each other. – Mutual respect is at the foundation of a successful marriage.
  • There is a complete absence of physical intimacy. – If spouses no longer act affectionately toward each other, this can be a major red flag.
  • There are more negative interactions than positive interactions – Every couple experiences arguments and difficulties from time to time. However, if the negative interactions far outweigh the positive interactions, it may be time to think about ending the relationship.
  • You do not trust your spouse. – Whether a lack of trust is due to an extramarital affair or another reason, spouses who cannot trust their partner may be unable to save the marriage.
  • You have different core values. – Spouses who do not share the same values and beliefs may find themselves constantly arguing.
  • You do not feel safe with your partner. – If your spouse has abused you physically, mentally, or emotionally, threatened you, or harassed you, divorce may be the safest option.
  • You have fallen out of love. – Sometimes, spouses simply fall out of love with each other. Only the spouses can know if the love they used to share may be rekindled.

Contact a Wheaton Divorce Lawyer

If you are ready to start exploring your divorce options, contact our skilled, experienced DuPage County divorce attorneys for help. Call Stock, Carlson & Asso. LLC at 630-665-2500 for consultation.

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IL divorce lawyerFor many spouses, contemplating the multitude of issues that will need to be addressed during the divorce process can be very stressful. As you consider how you and your spouse will divide your marital property, how you will share custody of your children, and other concerns related to the dissolution of your marriage, you may be preparing for a difficult and contentious battle. However, you may be able to make matters easier by determining how you can avoid conflict and cooperate with your spouse to make decisions about your divorce. Instead of resolving legal issues through a costly and time-consuming divorce trial, you can use alternative dispute resolution. Mediation is one of the most popular and beneficial methods of resolving disputes. Whether you choose this option on your own or are ordered by the court to proceed to mediation, you can realize a variety of benefits.

Reasons to Choose Divorce Mediation

During mediation, you and your spouse will work together to create a divorce settlement that will detail all of the decisions made about the outstanding issues in your case. A neutral mediator will guide you through these discussions, make sure you understand how the law applies to you, and offer suggestions on how you can resolve your differences.

There are a number of reasons why mediation can be beneficial, including:

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The decision to get divorced is never easy, but once you have made that decision, the real work begins. You and your soon-to-be ex-spouse must now decide how you will divide your marital property, share the responsibilities of parenting your children, and build your respective lives after the divorce. One of you must also initiate the formal divorce process by filing the petition for divorce at your county courthouse. At our firm, we are often asked about this, and many clients are curious to know does it matter which spouse files for divorce first.

What Does the Law Saw?

The Illinois Marriage and Dissolution of Marriage, or IMDMA, is a collection of laws that essentially govern the entire process of divorce in the state of Illinois. According to the law, a divorce is, at its most basic, a legal proceeding through which the marital contract between two parties is officially dissolved. Technically, a divorce has a plaintiff and a defendant, but the application of the terms is much less important during a divorce than in other types of legal proceedings, such as criminal or personal injury cases. As a matter of fact, the IMDMA references the parties in a divorce as the plaintiff or defendant in just a single paragraph.

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When you imagine ending your marriage, the term divorce likely pops into your mind. You may be thinking of how your marital property will be divided, where your children will live, and whether or not you will receive alimony payments from your former spouse. However, filing for divorce does not necessarily have to be your first step if you would like to end your marriage. Maybe you are not ready to divorce just yet or you have reason to believe that your marriage may be considered invalid. Regardless of the reasoning, you should know your options before taking legal action.

Legal Separation

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If you are getting divorced, you may wonder whether or not you will be able to receive spousal maintenance. Also called spousal support or alimony, spousal maintenance refers to payments that a spouse makes to the other spouse after a divorce. Although women were traditionally the recipients of maintenance, spousal support laws apply the same to men as they do women. Spousal maintenance is typically ordered when there is a significant difference in the spouses’ financial circumstances or when a spouse sacrifices career or educational opportunities for the benefit of the household.

Factors Considered by Illinois Courts When Determining Spousal Support

There are two ways that a spouse may be considered eligible for spousal support. The first is when the couple have already made spousal support decisions through a prenuptial agreement. Unless there is a problem that invalidates the prenuptial agreement, the court will uphold the arrangements to which the spouses agreed.

The second way a spouse can receive spousal support is by petitioning the court for spousal support. Courts consider a range of factors when deciding whether or not spousal support is appropriate. These factors include but are not limited to:

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