Call Us630-665-2500

124C S. County Farm Road, Wheaton, IL 60187

IL divorce lawyerPeople usually envision their wedding day as being a moment full of hope and joy. And while for many couples it is exactly that, the days and months following the wedding may be equally full of surprises and disappointments. It can be hard to know someone without living with them, and even then, people can be surprisingly good at covering up important information when it suits their purposes. In times like these, it can be useful to know when it may be possible to declare your marriage invalid. Also known as getting a marriage annulled, a declaration of invalidity of marriage can end your relationship without going through the hassle of a divorce.

When Can Someone Get an Annulment?

Not everyone who gets married and quickly regrets it can get an annulment. Unlike a divorce, in which someone does not need to declare grounds at all, there are only four grounds for annulment in Illinois. These are:

  • Illegality - A marriage is illegal if one spouse was already married or if the spouses are too closely related. Siblings and first cousins cannot get married in Illinois unless the first cousins are over 50 years old or are infertile. Although most annulment grounds have time limits, a couple who discovers they are too closely related can annul their marriage at any time.
  • Age - If one spouse was under age 18 and did not have parental consent, the marriage may be declared invalid. Even with parental consent, someone cannot get married in Illinois before age 16. An annulment must take place before the age of legal adulthood or parental consent.
  • Consent - If a spouse was incapable of consenting because of mental illness or drug or alcohol use, a marriage can be annulled. This occasionally happens when a drunk couple decides to wed in a spur-of-the-moment ceremony, but it can also happen when a partner was having a psychological breakdown or was unmedicated and did not understand the full implications of getting married. An annulment for lack of capacity to consent must take place within 90 days.
  • Lack of consummation - If a couple gets married and discovers that one spouse is not capable of consummating the marriage through sexual intimacy, as long as the other spouse did not about the physical incapacity, the marriage can be annulled. An annulment for lack of physical capacity must take place within a year.

Call a Wheaton, IL Annulment Attorney

At Stock, Carlson & Asso. LLC, we know that sometimes the unexpected happens. That is why our DuPage County annulment attorneys are committed to helping you explore the available options to end your marriage as soon as possible. Schedule your comprehensive consultation by calling us today at 630-665-2500. We are available for consultations over the phone, in person, or by teleconference.

...

Continue Reading...

IL family lawyerThe last thing most engaged couples are interested in talking about is how they will treat each other if their relationship ends. In the excitement of wedding planning and the blush of early love, the idea that a relationship could end in divorce seems impossible and deeply unromantic to discuss. Yet considering the statistics about divorce, couples would be wise to plan ahead and discuss the most important issues they will face. Doing so presents great opportunities for intimate conversations and may even prevent an ill-fated marriage from happening in the first place. Before you tie the knot, talk about these four things - and then approach a skilled prenuptial agreement attorney to create a great premarital contract that protects your priorities.

Children

Not everybody wants children, yet couples with mismatched priorities get married all the time. An individual’s preference for children is highly unlikely to change over time, and when a partner who wants children is coupled with a partner who does not, divorce is often the inevitable outcome. In addition to discussing simply wanting children, engaged couples should discuss how many children they want and their parenting philosophy when it comes to discipline, which parent may need to make career sacrifices, and how major expenses like college will be paid for.

Money

Couples frequently get divorced because of incompatible philosophies around spending and saving money. Set a budget, identify long-term financial goals, and discuss career ambitions well before you set a wedding date. Having a prenuptial agreement is a great way to address financial issues like property division and spousal support that could be very contentious in a divorce.

...

Continue Reading...

IL parenting lawyerIn July of 2017, new laws went into effect changing the way Illinois courts handle child custody matters. Although the term child custody is still sometimes used informally, the law now describes child custody in terms of parenting time and parental responsibilities. Parenting time is the time that the child is in a parent’s physical custody.

If you are getting divorced or you are unmarried and your relationship is ending, it is important to understand your rights and responsibilities regarding parenting time.

How Is Parenting Time Divided Between the Parents?

Illinois parents are encouraged to work out an arrangement for sharing parenting time and formalize their decisions in their Parenting Plan. The court usually upholds Parenting Plans unless there is some aspect of the plan that is not in the child’s best interests. If the parents cannot reach an agreement, the court will determine an appropriate parenting time schedule for the parents based on factors including but not limited to:

...

Continue Reading...

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.

...

Continue Reading...

IL divorce lawyerThe decision to get divorced is just the beginning of what is often a long and complex process. Divorcing couples must address important financial concerns including ownership of marital assets as well as marital debts. If the couple shares children, they will need to determine the allocation of parental responsibilities and parenting time. It can be exceptionally difficult to have a productive conversation about these issues with someone you are in the middle of divorcing. Old hurts and regrets often steer the conversation off course and lead to arguments instead of resolutions. This is where divorce mediation can be extremely useful.

The Mediator Will Facilitate a Productive Conversation

Family law mediators are third parties who facilitate productive, solution-oriented conversations during divorce. A mediator can help you and your spouse identify the issues that you agree on and those issues you disagree on and then find creative solutions you can both approve of. Instead of telling you what to do, the mediator helps you and your spouse explore the advantages and disadvantages of various solutions. The mediator may also step in and redirect the conversation when it goes off track. This can help you and your spouse avoid futile arguments that only lessen the chances of an out-of-court agreement.

Mediation is Confidential and Cost-Effective

When a divorce case is litigated through the court, personal matters may become a part of the public record. Many spouses want to maintain privacy as much as possible during a divorce. Mediation is a great way to discuss divorce issues without the risk of your discussions becoming public. Keeping matters confidential is especially important when a spouse is well known in the community. Mediation is also less expensive than litigation.

...

Continue Reading...

Back to Top