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DuPage County divorce attorneysThe decision to divorce is a highly personal one - and far from simple. There might be years of happy memories that are difficult to let go of, despite how difficult things have been lately. Perhaps there are children involved, and like most parents, you are worried about how a divorce might affect them. Add in any number of the other possible variables that occur in a divorce (domestic abuse, financial disadvantages, disability, etc.), and divorce may no longer seem like an option. For others, staying in an unhappy or toxic situation might begin to seem preferable to the complex and often lengthy process of a divorce. 

Thankfully, neither scenario needs to occur, as there are options for even the most difficult situations. Of course, before one can actively seek out solutions for their situation, they must first come to terms with it. Look for these five signs in your marriage. If you have noticed any of them, it may be time to decide if divorce could be the next best step in your life. 

1. Your Partner Refuses to Seek Treatment

Relationships of all types can fail, but those that involve addiction, abuse, mental health issues, or severe illness tend to have a much higher rate of failure. Sadly, if your spouse refuses to seek treatment for any of these issues, your risk of divorce increases even further. The reasoning for this is simple: one can only live inside a toxic situation for so long. Either you leave the relationship or things or accept that things may get worse - possibly to the point of implosion. 

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Wheaton divorce lawyersWhile divorce is, at its core, a legal process, one cannot deny its emotional aspects. Infidelity, whether physical or emotional, can heighten those feelings and further complicate the process – but it does not have to. Instead, you can learn to cope with the pain of your betrayal while still acting in a diplomatic way in the legal proceedings of your case. Learn how, and discover what an experienced attorney can do to help in the following sections.

Understanding How Emotion Can Complicate Divorce

The end of a marriage can be immensely painful for all parties, and infidelity often strengthens the blow. Yet, in divorce, emotion can be your worst enemy. Capable of clouding your judgment, it can cause you to become retaliatory, which may drive up your legal fees and court costs. High levels of contention in a divorce may also impact any children that you and your spouse share. As such, it is highly recommended that you attempt to remove as much of the emotion from the legal process of your divorce as humanly possible.

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The Impact of Infidelity on Alimony in Illinois

One of the most hotly contested aspects of divorce proceedings is alimony, also known as spousal support. The process of coming to an agreement on how much, if anything, one spouse must pay the other spouse following divorce forces spouses to examine their respective contributions to the marriage.

With two-earner households as the norm, the process of teasing out how much each spouse contributed, both financially and through their responsibilities in the home, can be intensely complicated. Throw in sacrifices made by one spouse to support the wellbeing of the whole family, such as working two jobs to put the other spouse through school or training, and the balance required by alimony becomes even harder to strike.

Alimony is a device used under Illinois law to ensure that when spouses part ways, they are on relatively equal ground financially. Because marriage is a joint venture, in which couples share the burden of financial hardship and the benefit of economic success, the end of a marriage is viewed by judges as an opportunity to ensure that fairness is achieved through the process.

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Illinois adultery lawJanuary 1, 2016 Update: The Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent some significant changes. Removal of the at-fault divorce, such as the heart balm provision used in divorces involving adultery, was one of those changes. This essentially means that, while still emotionally painful, adultery holds no legal implications in divorce. 


Unfortunately, it is an all-too-common scenario where one spouse engages in a romantic relationship outside his or her marriage. In situations such as these, the act of adultery not only severely compromises the relationship between spouses, but also has a significant chance of altering the relationship between a parent and any children of the marriage, as well.

Because of the negative emotional toll cheating has on the entire family, it is perhaps not surprising that acts of adultery play a role in many divorces. However, just because adultery may have led a couple to divorce, it is not necessarily telling of how adultery will affect the legal process of divorce proceedings.

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Posted on in Divorce

twitter, divorce, social media, Illinois family lawyer, DuPage County divorce lawyerThis is an age in which the daily use of Facebook, InstaGram, and Twitter, just to name a few, is rampant among much of the population, from tweens to grandparents. Perhaps it is not surprising that such incessant use of social media is playing a part in our daily lives and having a more negative effect than we likely realize. According to an article recently published in Time, a new study revealed that active Twitter use led to divorce and infidelity in many cases.

Twitter Use Leads to Divorce

The study found that those who were active on the social media site Twitter were more likely to be a part of confrontations that had the potential to lead to infidelity and divorce, regardless of how long the relationship has lasted.

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infidelityIt often seems as though it is only a matter of time before we hear of a new political scandal in the media regarding infidelity or other transgressions by our elected officials. Oftentimes, their actions have consequences, not only in the form of public opinion affecting their professional lives, but also in their personal lives as well. The latest such incident involves a married Republican congressman from Louisiana, Representative Vance McAllister.

McAllister’s Transgression

McAllister was captured on video participating in less than savory behavior. In the dark, with his shirt untucked, he is seen approaching a woman and then embracing her with a kiss. It was revealed that the woman in the recording was an aide who worked with the congressman, and was also married.

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cheating, infidelity, divorce, lawyer, attorney, DuPage CountyIt seems cheating is a relatively prevalent topic among couples, especially for those who are experiencing marital trouble. Different circumstances within a relationship can lead to infidelity, and cheating does not necessarily equate to the end of a relationship. Once cheating occurs, the partner that was cheated on may wonder how, or if, the situation could have been prevented entirely. While not every relationship pitfall can always be avoided, a recent article discusses a new trend that many couples are employing in an attempt to curb poor behavior, and to plan for the outcome of such an incident if it does occur.

 Lifestyle Clauses A new trend in the legal world involves adding what is known as a lifestyle clause to pre- or postnuptial agreements. These clauses typically contain guidelines for spouses to follow within their marriage. Beyond the general purpose pre- and postnuptial agreements serve regarding finances, lifestyle clauses address non-financial aspects of marriage and can cover any variety of topics. While the clauses themselves focus on behavior requirements within a marriage and do not deal directly with finances, there are often financial penalties for violating them. One of the most popular topics covered by lifestyle clauses is infidelity. Beyond emotional reasons, there are practicals reasons for including such a clause into an agreement as well. Some states have changed their divorce laws to no longer include fault, such as adultery, as a factor in calculating alimony payments and in dividing assets. Even though adultery can be grounds for a fault-based divorce in these states, the unfaithful spouse will not typically suffer financial consequences for cheating. It is important to note that any lifestyle clauses contained within an agreement must be consistent with state law regarding pre- and postnuptial agreements.  Issues Brought up by Lifestyle Clauses Some issues to consider in enforcing a lifestyle clause include how to define cheating and to what degree such behavior has to be proven. Different people may consider different behavior as infidelity. Sexual intercourse is the most obvious, but what what about sexual behavior that falls short of intercourse? What about suggestive e-mails or texts? These are issues that could potentially be addressed within a lifestyle clause, but not every situation can be anticipated.  Court Rulings on Infidelity Clauses Challenges to infidelity clauses in court have produced mixed results. Some state laws that support no-fault divorce find such clauses contrary to public policy. Other states where infidelity laws are enforceable will uphold the clause as long as the cheating can be proven and the clause does not otherwise violate state law. The problem lies with being able to prove infidelity. In most instances, hard proof of such conduct simply does not exist, or is exceedingly difficult to produce. On the other hand, the effectiveness of infidelity clauses is apparent when a cheating spouse does not want details of an affair discussed in court.  Can the Clause Prevent Cheating? Whether employing the use of such a clause in an agreement actually deters cheating is difficult to say with certainty. However, it is possible. It is more likely that the existence of such a clause will start a discussion about the issue between the parties regarding their feelings, needs, and expectations about the relationship. In short, the clause can be beneficial to the couple even if it would ultimately be unenforceable in court. It is imperative that any agreement contain a severability clause in order to uphold the remainder of an agreement in the event the court rules one provision is invalid.  Divorce Attorney If you are contemplating marriage and are curious how a prenuptial or postnuptial agreement may benefit you, an experienced family law attorney in Illinois may be able to assist you. The experienced lawyers at Davi Law Group, LLC are prepared to discuss your case with you. Feel free to contact us today to schedule a consultation.
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