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Tag Archives: Reason for Divorce

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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aging parents, caregivers, Illinois divorce lawyer, reasons for divorce, baby boomersMany individuals of the baby boomer generation may suddenly find themselves continuing in or resuming their role as caregivers. Only this time, instead of providing care to their children, they are caring for their elderly parents. Many are happy to do what they can for their parents while they can, fully realizing that older generations will not be around forever. Further, many adult children feel that they owe their parents a certain bet of gratitude for all they did for their families and the world around them.

Strengthening Marriage while Providing Care

Despite the privilege of having elderly parents, caring for them can bring its own set of challenges. Specifically, as discussed in a recent article, many baby boomers may experience challenges to their marriages as they struggle to care for their aging parents. This is due, in part, to the increased stress many people feel as they take on the responsibility of caregiver.

Here are some tips to deal with the stressful situation of being an elderly parent’s primary caregiver while keeping your marriage strong at the same time:

  • Talk openly with your spouse about the feelings, emotions, and stresses you may be feeling as you care for your aging parents. Successful marriages are made of happy couples who know how to communicate well with each other. This not only reflects a trust in one another, but a reliance on one another’s good judgment and dependance on the other for truth and honest talk.
  • Make an effort to keep love alive everyday. Carve out time for romance and dating. This includes small gestures, spending more time together, and making it a point to have fun as a couple.
  • Approach financial challenges with teamwork and open communication. Once parents are added to the mix, family budgeting may be even more important. This requires common goals and family support. Spouses should work together as a team in addressing economic challenges.
  • Avoid placing blame on one another when things get rough. Blaming each other is destructive to your marriage, and usually no one is to blame for an unfortunate situation.
  • Do not indulge in self-pity. Doing so does not solve any problems. Rather, work with your spouse toward a solution. Making a family work is often difficult, and can be even more so when caring for an elderly parent.
  • Enhance your marital relationship by carving out time for privacy and being alone. This is crucial to a successful marriage. Being able to refresh and recharge by being alone will go a long way in improving the quality of your relationship and communications with your spouse.
  • Remember that the little things matter in marriage and should be practiced daily. Doing these little things, such as performing small tasks or making small gestures of love, every day for the one you love matters in a relationship, and the more they accumulate, the more of a positive effect they have. Mastering this improves your chances of making it through the difficult times.

Family Law Attorney

If you need assistance with any family law matter, do not hesitate to contact a DuPage County family lawyer to schedule a consultation. We serve clients in Chicago and the greater surrounding areas.

divorce, divorce basics, uncontested divorce, Illinois divorce lawyer, DuPage County divorce attorneyMany people are probably familiar with divorce terms like “no-fault” and “uncontested,” but may not be sure how these legal phrases interrelate and what they mean for practical purposes. Read on for an overview of Illinois divorce law, and a breakdown of these and other familiar terms.

Grounds or No Grounds?

Initially, when making the decision to divorce and end a marriage, the reason for the divorce must be included in the legal pleadings. Spouses either have grounds for the divorce, or they may wish to divorce based irreconcilable differences (no grounds). Grounds are considered reasons for the divorce, while irreconcilable differences indicate the couple cannot point to any accepted grounds, or reasons, for divorce.

Grounds for divorce include:

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divorce, DuPage County divorce lawyer, Illinois divorce, divorce rate, divorce trend, reason for divorceA new theory is being tested to curb the divorce rate among newly married couples. In light of the statistic saying almost half of married couples divorce in the first four to five years, many professionals are asking what can be done to improve that number. A recent article suggests that the answer may be easier than one may think.

Watching Movies

One researcher is exploring the possibility that a task as simple as watching a movie with your spouse may curb your chances of divorcing. He has been asking couples to watch five movies per month that have a theme of exploring relationships and then discuss the movies with each other. The idea is to strengthen marriages while couples are happy with the relationship, which, ideally, would improve the odds against getting a divorce. The model suggested offers couples the opportunity to essentially participate in a form of therapy on their own, while also taking part in an activity they would otherwise find enjoyable.

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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.
Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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