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9 Signs Your Partner Wants a Divorce

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Summary: Discovering signs your partner might want a divorce is essential. Look out for changes in communication, intimacy, and behavior, such as increased arguments, emotional distance, or secretive behavior. This awareness helps you decide whether to work on saving your marriage or prepare for divorce.

signs of divorce

Marriage is a journey filled with highs and lows, but sometimes, despite our best efforts, relationships may reach a point where divorce seems like the only option. While the decision to end a marriage is never easy, it’s essential to recognize the signs that indicate your partner may be considering divorce. By understanding these signs early on, you can take proactive steps to address issues and potentially salvage your relationship. In this article, we’ll explore 9 common signs that your partner may want a divorce and offer insights on how to navigate this challenging situation.

9 Signs Tell You That Can Lead to Divorce With Your Partner

1. Unable to Resolve Problems

In a healthy marriage, partners work together as a team to address challenges and solve problems collaboratively. However, if your partner consistently blames you for issues in the relationship without taking any responsibility themselves, and if they demonstrate an inability or unwillingness to engage in constructive problem-solving discussions, it’s a concerning sign. Blaming can create a defensive atmosphere where genuine communication and resolution become nearly impossible. Similarly, if your attempts to address problems are met with avoidance, deflection, or outright refusal to engage in dialogue, it can indicate deeper issues at play. Pay attention to patterns of communication where problems are swept under the rug or left unresolved, leading to a buildup of resentment and frustration. Addressing these dynamics requires both partners to commit to open and honest communication, taking responsibility for their actions, and actively working towards finding mutually acceptable solutions. If your partner consistently deflects blame and avoids problem-solving, it may signal a deeper disconnect in the relationship that needs to be addressed with honesty and compassion.

2. Emotional Disengagement

Caring for each other is fundamental to the success of any marriage. It serves as the glue that binds partners together through life’s challenges and joys. However, when emotional distance begins to grow between partners, it poses a significant threat to the relationship’s stability. This emotional gap can lead to feelings of isolation, loneliness, and a gradual erosion of the bond that once united the couple.

Research suggests that the longer this emotional distance persists, the higher the likelihood that the marriage is heading towards trouble. Couples experiencing such disconnection often describe feeling as though they have “fallen out of love” or simply stopped caring for one another. These sentiments are frequently cited by divorcing couples as key factors contributing to their decision to separate.

Signs of emotional distance may include a lack of interest in each other’s lives, diminished displays of affection, and a decline in meaningful communication. Partners may find themselves living parallel lives, sharing the same space but feeling emotionally distant from one another. Over time, this disconnection can breed resentment, frustration, and a sense of being unfulfilled in the relationship.

 3. Lack of Attention to the Marriage

Marriages require constant attention. If either one of you works 60+ hours a week to pay bills while the other is at home with the kids all day, the end results won’t be good. If the couple also gets into a fight, one of you may feel less inclined to go home right away and accept an invitation to go out for a drink after work. What comes after that will surely only hurt the marriage.

4. They Care More About their Appearance All of a Sudden

A notable sign that a spouse may be contemplating divorce is a sudden and significant emphasis on personal appearance. When individuals are preparing to re-enter the dating scene or seek independence, they often make concerted efforts to enhance their physical appearance. You may observe them dressing more stylishly, adhering to a regular exercise regimen, updating their wardrobe, adopting healthier eating habits, getting a trendy haircut, or exploring other avenues to enhance their attractiveness.

For women who typically remain at home and are contemplating divorce, this shift in focus on appearance may extend beyond aesthetics. It could signify a broader desire to regain autonomy and financial independence. In such cases, you might notice them actively seeking employment opportunities as a means to broaden their social circle, assert their independence, and accumulate financial resources to facilitate a potential transition out of the marriage.

This sudden preoccupation with appearance and professional pursuits often serves as a coping mechanism or a strategy to lay the groundwork for life beyond the marriage. While these changes may seem innocuous on the surface, they can signal deeper underlying issues within the relationship that merit exploration and open communication

5. Financial Problems

Sometimes, couples have different ways of dealing with money. One person might like to save, while the other prefers spending. This can cause problems, even if everything else in the relationship seems fine. They might have separate bank accounts, but dividing up the money and bills can be tricky.

When couples don’t agree on money matters, it can make talking to each other hard. They might argue about things like how much to spend and save, which can make them feel upset with each other.

Financial problems could be a sign that a couple might be headed for divorce. When money becomes a big issue in the relationship, it can lead to more arguments and stress.

Sometimes, one person might not tell the truth about money. They might hide how much they earn or spend. This can hurt trust and make it even tougher to fix money problems together.

It’s really important for couples to talk openly about money. They should share what they want to do with their money and listen to each other’s ideas. Making a budget together and checking their spending regularly can help them work as a team.

6. No Communication

When it’s hard to talk to each other in a relationship, it’s like ignoring a little crack that could become a big problem later. Avoiding fights might feel like a quick fix, but it doesn’t solve the real issues.

Not being able to talk suggests there are bigger problems. Both partners might just keep quiet instead of dealing with tough stuff. But this silence doesn’t really help; it just shows there’s something wrong. By not talking, couples miss chances to understand each other and solve problems. This can lead to bad feelings building up between them.

Staying in a relationship just to avoid divorce or being alone isn’t fair to either person. It stops them from finding happiness and growing together.

Talking openly and honestly is key to making a relationship work. Even if it’s hard, addressing problems openly helps both people move forward.

7. Being Disrespectful

Losing respect for one another is a sure sign that the marriage is in trouble. Simply not listening, showing empathy, or disregarding anything involved in eachother’s lives just means trouble. Once a marriage hits this point, it will take a lot of work on both ends to resolve the issue. Many end up in divorce.

8. Lying to Your Spouse

When lies become part of a marriage, rebuilding trust can be an uphill battle for both partners. Without open and honest communication, the relationship is at risk of heading towards divorce sooner rather than later. Additionally, dishonesty often goes hand in hand with adultery, further weakening the marital bond.

Unfortunately, the internet offers numerous opportunities for deceit. Dating platforms provide an easy way for spouses to seek romantic connections outside of their marriage without their partner’s knowledge. This secretive behavior undermines trust and intimacy, leading to feelings of betrayal and resentment.

Overcoming dishonesty in a marriage requires a commitment from both spouses to transparency and honesty. Rebuilding trust involves acknowledging past deceit, engaging in open discussions, and demonstrating a genuine dedication to honesty moving forward. Without these crucial steps, the marriage may face irreparable damage and eventual dissolution.

9. Never Listening

When your spouse shares something important or troubling, do you truly listen? Many women rely on talking as a way to work through their issues, seeking support and understanding from their partner. However, if you consistently fail to listen, they may stop confiding in you altogether, leading to feelings of neglect and disconnection. Moreover, if you respond by offering advice rather than actively listening, it can further discourage them from sharing their concerns in the future. This breakdown in communication can erode trust and intimacy within the relationship, ultimately jeopardizing its stability and longevity. To foster a strong and healthy connection, it’s crucial to prioritize active listening and empathy, allowing your partner to feel heard and valued in the relationship.

Other Possible Signs of Divorce are as Follows:

  • Constant fighting
  • Contemplating separation
  • Seeking legal information
  • Missing initimacy
  • Avoiding future plans
  • Unwillingly to work on the relationship

What is a Miserable Husband Syndrome?

“Miserable Husband Syndrome” describes a situation where husbands feel consistently unhappy and dissatisfied in their marriage or personal life. This term reflects the emotional challenges that some men encounter due to factors like relationship conflicts, work stress, financial worries, or personal insecurities. Symptoms may include irritability, withdrawal, depression, or engaging in harmful behaviors.

What is the Walkaway Wife Syndrome?

The “Walkaway Wife Syndrome” describes a situation where wives unexpectedly end their marriages without prior signs of discontent. It reflects the experience of women who reach a point of emotional detachment or exhaustion within their marriage, leading them to make the decision to leave. Factors contributing to this syndrome may include unmet emotional needs, communication breakdowns, unresolved conflicts, or feelings of loneliness. This decision typically arises after prolonged feelings of frustration and distress, highlighting the importance of addressing relationship issues proactively to prevent such outcomes.

Are They Really Considering a Divorce?

There’s no such thing as a perfect marriage, and chances are one of these signs has come up in yours. But experiencing too many of the signs above are the perfect ingredients for a failing marriage.

In this case, it’s crucial to reach out to your partner about your differences. Otherwise you may be left wondering if they really are considering divorce and it will only leave you frustrated in the long run. If you or your partner is showing these signs and are thinking of a divorce, here’s how you can be prepared and plan your divorce.

Divorce Planning Tips

  • Get Your Papers: Collect important documents like bank statements and tax returns.
  • Talk to a Lawyer: Get advice from a family law attorney to understand your options.
  • Lean on Others: Surround yourself with supportive people who can help you through tough times.
  • Try Mediation: Consider mediation to make the divorce process smoother.
  • Take Care of Yourself: Focus on self-care and seek support if you’re struggling emotionally.

To Know More, Read: Essential Tips When Planning a Divorce

Work with a Divorce Attorney

Divorce attorney oak lawn il

While some marriages can be saved, it may be in the best interest of others for both of you to go your separate ways. If you feel that divorce is the best solution in your case or your spouse has presented you with divorce, it’s important to reach out to a family attorney.

An attorney that is experienced can allow the process to run efficiently and effectively for both sides. As they have been through the process many times, they can help you to divide your assets and property with minimal interruption. Many law firms also assist in child custody, allowing you to keep attorney fees efficient and save time in the divorce process.

Read: Tips for Filing a Divorce in Illinois

Berry K. Tucker & Associates, Ltd.Berry-K.-Tucker-Lawyer-Oak-Lawn-IL

If you are considering a divorce and live in the southwest Chicago suburbs, reach out to the divorce attorneys at Berry K. Tucker & Associates, Ltd. Our lawyers have over 50 years of combined legal experience and have assisted in a number of diverse cases.

We have worked with both men and women when it comes to resolving their case, establishing a solution that works in their best interest. Our attorneys also ensure to stay updated in all changes to the law, allowing us the greatest chance of effectively dividing assets and property.

Schedule a Consultation

To schedule an initial consultation with one of our divorce attorneys, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530. We look forward to working with you soon!

Divorce vs Annulment: What’s the Difference?

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A marriage can be legally dissolved in as little as a few days after a marriage ceremony to as much as 15 years or more into a civil union. The two ways a legal union can be undone are through a divorce or annulment. While there are similarities such as both being recognized by judicial court systems, a divorce significantly differs from an annulment.

Divorce vs. Annulment

Difference Between Divorce and Annulment

The main difference between a divorce and an annulment is that divorce separates the two parties involved in a valid marriage while an annulment legally deems a marriage invalid.

What is the short definition of divorce?

A marriage is a legal, civil union. A divorce legally dissolves such a union. Once a divorce is settled, each newly single partner is free to enter into a legal union with another person. The ability to remarry someone else is not uncommonly sought after by divorcing spouses.

What is the short definition of annulment?

Like the tip of a pencil to paper, an annulment erases a marriage, declaring it null and void. Annulments go so far as to deem the union as never legally binding. Despite the marriage being legally declared as nonexistent, records of the original marriage remain in court file systems.

What is the time limit to seek a divorce?

Either spouse may file for divorce at any time, whether it is after 2 or 25 years of marriage. However, Illinois divorce laws have residency requirements; one divorcing spouse must live in the state for at least 90 days in order to legally file for a divorce.

What is the time limit to seek an annulment?

Unlike seeking a divorce, pursuing an annulment has a time limit. In Illinois courts, the time limit is determined by what grounds the married couple have for the annulment. If the spouses do not meet the designated time limits for the grounds they are seeking, the marriage becomes legally valid.

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What are the grounds for divorce in Illinois?

Married couples must present to the courts a valid reason to dissolve their union. Illinois divorce laws accept both no-fault and fault-based grounds. Under Illinois law, situations where the spouses live apart for two years with no hopes for reconciliation are considered no-fault grounds.

The fault-based grounds for divorce are many. When a partner is addicted to drugs, deserts the other spouse or commits domestic violence, divorce is a legal way out of harm’s way. Spouses who misrepresent themselves commit fraud, which is also legal grounds for divorce.

When one spouse connives his way into the marriage despite being married to another person, bigamy is the outcome and is a valid reason for divorce. A divorce may also be sought when one partner is forced into the union through coercion or threats.

Consuming alcohol or drugs destabilizes an individual, making him mentally incompetent to provide informed consent to legal events, like marriage. Similarly, mental illness can plague a person of the ability to make decisions. Both situations are grounds for divorce.

What are the grounds for an annulment?Divorce-Law-Orland-Park-IL

Filing spouses should have reasonable grounds for an annulment. Several common grounds exist that drive married couples to seek an annulment. Each has a unique time limit within which couples seeking an annulment must adhere to in order to proceed and void their marriage.
Like grounds for divorce, valid reasons for an annulment include the inability to provide informed consent. Different from divorce, however, is the 90-day time limit an annulment requires. Once the divorcing spouse is aware of the grounds, he has three months to file for an annulment in Illinois.

While grounds for divorce include impotence, filing for an annulment based on these same grounds must be done within a certain period. Under Illinois law, a spouse may seek an annulment after one year from the time the petitioner becomes aware of the spouse’s inability to have sexual relations.

Bigamy is a reason to divorce and is also a good reason to seek an annulment. Interestingly, legal experts suggest that a civil union with a married person is not legally valid. To be safe, lawyers advise the betrayed party to go before the courts for a pronouncement of invalidity.

What is the process for divorce?

Illinois offers no-fault divorces, which means proving wrongdoing is unnecessary. Once an honorable reason for divorce is established, the petitioning spouse sends a Petition for Dissolution of Marriage to the other party. The defendant has 30 days from being served to respond. Here’s more information on the divorce process in Illinois.

What is the process for an annulment?

Unlike filing for a divorce, the annulment process starts with a Petition for Annulment. The petition is filed with the local circuit court. The defendant served with the form either contests it or agrees to it. A judge will then declare an annulment if adequate grounds are presented.

Divorce or Annulment

A divorce and an annulment are two different beasts, but either can be successfully presented before the courts by a qualified divorce attorney from Berry K. Tucker & Associates, Ltd. Our family law attorneys stay up to date on all current Illinois laws in order to deliver our clients’ strongest cases to the courts.

Working with Our Divorce Attorneys

Berry-K.-Tucker-Personal-Injury-Attorney-Oak-Lawn-IL

Each divorce or annulment case comes with unique baggage. The legal team at Berry K. Tucker & Associates, Ltd. is prepared to deliver undivided attention to inform our clients of their options and expertly handle each case. We provide experience with all issues surrounding divorce and annulment. We are prepared to fight for your rights when it comes to spousal support, domestic violence, division of property, and a host of related issues.

Spouses living in the community of Oak Lawn, Illinois, will receive powerful representation from the family law attorneys at Berry K. Tucker & Associates, Ltd. With 50 years of combined legal expertise and a wealth of knowledge about Illinois divorce law, our professional divorce attorneys will handle your case very carefully.

Get a Free Consultation

Interested in a free consultation?

Give us a call at (708) 425-9530 or fill out a contact form to the right and we will get back to you right away. We look forward to working with you! 

9 Divorce Planning Tips

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Divorce. The mere mention of the term triggers a rollercoaster of negative factors, including a drain on finances and a seemingly unending toll on emotions. The presence of children can make child custody battles exactly that—an important but exhausting fight.

Prepare for an impending divorce so you’re well-equipped with the armaments of combat. Divorce proceedings differ markedly, however, with some divorces being amiable, while others teeter on the brink of war. The type of divorce you will be involved in can determine how smoothly the process will go.

But overall, here’s how to prepare for divorce so there are no dreadful surprises along the way:

  1. Prepare financially
  2. Expect a lengthy process
  3. Seek emotional support
  4. Inventory property
  5. Close joint accounts
  6. Choose your divorce team
  7. Prepare for custody battles
  8. Find a good attorney

1. Prepare Financially

Spouses can expect to spend thousands of dollars on divorce. On average $15,500 covers the cost of attorney’s fees. At the lower end, spouses can get divorced for $1,000. Partners have even been known to spend $100,000 to legally split from their spouses.

The more elements that are involved in the divorce, the higher the cost of the divorce will be. Examples that drive divorce expenses upward include child custody, child support, spousal support or alimony, property division, and reimbursement claims.

Adequately plan to finance your divorce by setting aside a hefty portion of your earnings. Estimate your monthly budget. Cut unnecessary expenses. Ensure you have enough monetary assets to maintain your standard of living through a possibly lengthy divorce.

2. Expect a Lengthy Process

Aside from eating away at your expense, a divorce might draw out for months. The estimated time it takes for a divorce to be completed starts with filing the petition and ends with settling or receiving a court judgment. Battling spouses can fight out a divorce over the course of 11 months on average. When several issues are involved, a divorce is likely to be resolved in 17.6 months. Couples who settled took about nine months to finalize the divorce. Whether your divorce is messy or straightforward, plan to spend time managing your part during the legal process.

3. Seek Emotional Support

A divorce can speed through several emotions, from anger and guilt to frustration and relief. Prepare for this emotional journey by seeking support from friends, a divorce support group or therapists.

Remember that during a divorce, intense emotions can lead to poor decision-making. A circle of positive support can help you maintain a level head and help you approach divorce negotiations with calmness. Find a reliable network to support you through this life-changing event.

4. Inventory Property

Marital property can be identified as personal belongings, heirlooms, real estate, income, tools, jewelry and financial assets. During a divorce, marital property will be divided. Prepare for the division of property by documenting your belongings with digital photos. Photographic evidence of your personal property should be dated to prove ownership.

Keep all evidence of your belongings in a safe place away from your spouse. Examples of places to store evidence of marital property can be at work, a safe deposit box, with friends or family, and electronically. You’ll protect your marital property in the event your spouse attempts to claim that the items are not lawfully yours.

5. Close Joint Accounts

While married, spouses commonly share bank accounts. Open an individual financial account and close any joint accounts as soon as you make the decision to file for divorce. Electronic account statements sent to a new email address will offer you added security and protection from your spouse.

6. Choose Your Divorce Team

Carefully select reliable people to take you through the stressful duration of a divorce. A divorce team might consist of a mediator, judge, financial planner, mental health professional to assess child custody situations and a dependable divorce lawyer.

Navigating a divorce successfully requires the help of others. Trust your team of intelligent and experienced people, who are on your side to help you achieve the best outcome.

7. Prepare for Custody Battles

When you expect custody disputes, prepare well in advance. Show the court how involved you are in your children’s lives. Note who takes the children to appointments and extracurricular activities. The children’s school can provide documentation of who attended parent-teacher conferences.

When relevant, drug evaluations and police reports can demonstrate why a spouse should not have custody of the children.

9. Find a Good Attorney

As a legal process, divorce requires the services of a lawyer. Divorce proceedings may even be accomplished with a mediator. Complicated divorces especially, however, require the expertise of a divorce attorney. Negotiations can be complex, and an experienced lawyer can help you navigate through the paperwork and processes.

Experts recommend interviewing at least three attorneys who are experienced in family law and the specific type of divorce you need before settling on one to represent you. A lawyer who is a good negotiator, who is knowledgeable about the changing laws, and who communicates well is invaluable during divorce proceedings. Plus, an ideal lawyer will educate you on the divorce process and creatively solve arising issues.

A trust or estate lawyer can offer recommendations for reputable divorce lawyers. Local attorneys also can be found via online websites that feature valuable client reviews.

divorce-attorney-Oak Lawn, IL

Berry K. Tucker & Associates, Ltd.

A local divorce attorney is essential to ensure the lawyer is experienced in the judicial system in your area. If you live in the Oak Lawn, IL community and are planning for a divorce, contact the area’s most trusted law firm, Berry K. Tucker & Associates, Ltd.

Our experienced divorce attorneys have successfully worked on cases revolving around spousal support, child support, domestic violence, division of property and numerous other aspects of divorce, like post-decree issues and visitation. The lawyers at Berry K. Tucker & Associates, Ltd. are thoroughly knowledgeable in the various current laws to offer the best solutions possible for each unique case.

Once you are ready and prepared for divorce, you can count on the legal team at Berry K. Tucker & Associates, Ltd. to thoroughly answer any questions you have about the legal process.

Illinois Divorce Law

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Divorce is oftentimes one of the most challenging events in an individual’s life. A once-meaningful relationship has turned sour, and the family falls apart. Enduring the uphill battle of divorce proceedings is an emotional and financial struggle. Having a general understanding of the basics of Illinois divorce law can somewhat ease the complicated process of navigating through the legal system.

Uncontested Divorce

Divorce-Attorney-Gavel

Many states will vary according to divorce law. here is what Illinois states.

If you and your spouse agree to dissolve the union and are on friendly terms, an uncontested divorce will save each party significant hardship. You’ll avoid going to trial if all matters related to the divorce can be handled by filing a joint petition and attending the final hearing.

Certain qualifications must be met for both spouses to proceed with an uncontested divorce. These criteria include but are not limited to:

  • The length of marriage has been eight years or less.
  • The couple has no children, and the wife is not pregnant.
  • Both parties have lived apart for six months and are separated.
  • The right to receive alimony is permanently waived by both spouses.
  • Either spouse has lived in Illinois for 90 days prior to filing for divorce.

A joint simplified dissolution requires both spouses to agree on all the major points of the divorce.

While a friendly divorce is rather uncommon, contested divorces appear more frequently before a judge.

Filing for Divorce

Spouses who wish to legally separate ways should start by filing for divorce. The individual who first files the case is known as the plaintiff. The defendant is the spouse who must answer the initial petition within 30 days.

At least one party must be a resident of Illinois for 90 days in order to file for dissolution in the state. A non-resident spouse, who is not under the jurisdiction of the Illinois court, cannot be ordered by the court to pay for child support, alimony, or debts.

Length of Divorce Proceedings

The divorce process is lengthy. The paperwork alone takes one month to complete before receiving a final court date. An unresolved case will go to trial. Divorces can linger in court for a minimum of one year.

Maiden Name Restoration

A spouse whose divorce is granted can request that her maiden or former name be reinstated.

Divorces Based on Fault

Illinois recognizes several faults as being grounds for divorce. These marital misconducts include, but are not limited to:

  • Adultery
  • Impotence
  • Bigamy
  • An attempt by one spouse on the other spouse’s life
  • Drug or alcohol addictions
  • Transference of an STD from one spouse to the other
  • Felony or other criminal conviction
  • Abandonment

Fault-based grounds like these rarely make an impact on the divorce outcomes, since the division of property and alimony decisions enforced by the courts do not rely on them. Rather, the judge will consider the faults when evaluating matters surrounding child custody and visitation.

No-Fault Divorce

On the other hand, a no-fault divorce means that neither spouse is at fault for the dissolution of the marriage. Requirements for a no-fault divorce in Illinois involve four simple criteria:

  • The spouses have separated, living apart for at least two years (spouses can still live under the same roof and be separated; however, they must demonstrate that they live separate and apart)
  • Irreconcilable differences (one of the most commonly heard reasons for divorce)
  • Efforts toward reconciliation have failed
  • The family would not benefit from any possible reconciliation

No-fault grounds for divorce do not require proof of any marital misdoings.

Property Division

Illinois divorce law is established with the aim to provide equitable and fair divisions of property—which does not necessarily mean equal. Any property, such as stocks or pension benefits, acquired by either spouse after the marriage is deemed marital property. Marital property is divided according to several criteria (none of which consider marital misconduct), such as

  • The length of the marriage
  • Each spouse’s contribution toward the acquisition or maintenance of the marital property
  • The economic state of each spouse when the division of property becomes effective

When children are involved, the court may set aside a portion of the estates in a trust or fund to support the overall welfare of any minor or dependent children.

Child Custody

Parents of children who have resided in Illinois for at least six consecutive months may be granted custody of the children. Child custody decisions are evaluated and made by the courts. The judge’s determinations are based on a set of relevant factors, such as

  • The preferences of the parents as to custody
  • The preferences of the child(ren) as to his or her custodian
  • Any relationships between the parents, siblings or significant adults that would affect the child’s welfare
  • The child’s adjustment to a new school or community
  • Any presence of repeated abuse
  • Whether or not a parent is a sex offender
  • The physical and mental well-being of all parties involved

When determining child custody, Illinois courts favor joint custody, especially when the situation will be in the best interests of the minor.

Help with Illinois Divorce Law

Spouses entangled in the intricate web of divorce, with its seemingly limitless laws and requirements, should seek the services of an experienced family law attorney, one who can provide a clear path toward marital dissolution.

Berry K. Tucker & Associates, Ltd. retains a staff of experienced divorce attorneys. Our team offers over 50 years of combined experience in all areas of divorce law. Our lawyers stay knowledgeable about current Illinois divorce laws and practices, which are updated by lawmakers over time.

The Attorneys at Berry K. Tucker & Associates, Ltd.

Divorce-Attorneys-Gavel-American-Flag

If you have any questions or need help with your divorce, give the attorneys at Berry K. Tucker & Associates, Ltd. a call and we’ll schedule an initial consultation.

The Berry K. Tucker & Associates Ltd. team of divorce lawyers serves our clients in several areas revolving around divorce. Child support, visitation, spousal support, and division of property are common areas that divorce lawyers handle with ease and dedication. Other relevant areas of expertise include pre-and post-nuptial agreements and post-decree issues.

While it helps to be familiar with Illinois divorce law, you can rely on the divorce lawyers at Berry K. Tucker & Associates, Ltd. to manage your case with professionalism, experience in Illinois divorce law, and commitment to your case.

Give us a call at (708) 425-9530 in Oak Lawn, IL.

Contested Divorces In Illinois

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Contested divorces usually occur when either of the spouses is served notice and they do not respond or disagree with the grounds for divorce cited.  They may also have issues regarding the allocation of parental responsibilities, child support, spousal maintenance, or issues regarding the distribution of marital assets, such as retirement plans and family-owned businesses.

Whether a divorce is contested or uncontested depends upon the feelings the spouses have and the investments they have made in the marriage. The consideration of what is in the best interests of your children is also paramount in contesting a divorce.

How to Handle a Contested Divorce

A contested divorce can be settled either amicably or in a hostile fashion. The spouse that is served notice can file a Petition for Dissolution of Marriage if they wish. It is important to know that even a no-fault divorce can be a contested divorce. The spouses agree to grounds of irreconcilable differences and to not argue about any of the other nine grounds in Illinois law in a no-fault divorce. Even then, disputes may arise on matters such as the allocation of parental responsibilities, parenting time, child support, spousal maintenance, and the distribution of marital property.

Some of the common methods used to resolve a contested divorce are as follows:

Mediation

It is not mandatory in the state of Illinois to first attempt mediation when filing for divorce unless there are children involved. However, mediation can be worthwhile if you are close to resolving the crucial issues. Mediators are skilled and trained in helping you and your spouse to amicably arrive at an agreement. Attorneys may not represent you in mediation because the whole idea behind this process is for the parties to resolve issues on their own.

Arbitration

Arbitration is a substitute for an in-court divorce trial if mediation proceedings reach an impasse. It is up to both parties to agree on and choose an arbitrator. The couple may also outline their terms as to what procedure is followed and the timeline for the arbitrator to make a decision. Similar to mediation, this approach is less stressful for spouses and families. The aim of arbitration is to foster better communication and provide privacy unlike in a court trial. The arbitrator’s decision usually cannot be appealed.

Collaborative Divorce

Each spouse retains an attorney trained in collaborative law in the collaborative divorce process. Both parties and their attorneys work together and have several meetings to draft an agreement but other collaborative law professionals, such as financial professionals, personal coaches, and child psychologists, may be retained to help resolve specific issues. If a complete agreement cannot be reached, the next step usually is litigation. Both parties will then need to retain new attorneys. In Illinois, collaborative divorce attorneys are disqualified from continuing your case.

Litigation

If any alternate dispute resolution process that you have tried fails then your divorce issues will be resolved in court through a trial and it usually is part of the public record. In the event of a trial you need an attorney, contact the family law firm of Berry K. Tucker & Associates, Ltd. Ours have years of experience in Illinois law as well as with the county courts and judges.

What to Ask a Divorce Attorney During the Consultation

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If you have a scheduled consultation coming up and you’re clueless as far as what to ask your divorce attorney, you’ll definitely want to figure it out ahead of time. In fact, getting as much information as possible during the consultation can save a lot of time and money in the divorce process.divorce-attorney-Oak Lawn, IL

Here are some vital questions for which you will want answers if you are going for your first consultation:

What is Your Fee Structure?

The first and one of the most important questions you will want to ask is what is their fee structure. Do they charge for each hour spent on your case or one flat fee? Keep in mind that divorces can also last years, so it is important to also ask about any financial implications.

What are the Divorce Procedures?

Every state will have different divorce procedures in which must be followed by both you and your attorney. The exact length of time necessary to complete the divorce will depend on the complexity of your situation (child custody, property division, disagreements with both parties, etc.). Be sure to inform the divorce attorney of all aspects in your divorce so they can give you the most accurate estimate and timeline of your divorce.

Keep in mind that if you work full-time or have other needs that require the majority of your time, knowing the requirements and commitments of the divorce ahead of time will help while you prepare.

What if I Need Alimony?

Each state will differ in regards to allowing a spouse to seek alimony from the other. Some cases will depend on the length of the marriage, whether a spouse stays home with the child, or the difference in income between the spouses.

Whether you are seeking alimony or your spouse is seeking it from you, let your attorney know during the initial consultation so they can inform you of any liabilities that can occur during the divorce.

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What about Child Custody?

If you are not able to agree with your spouse as to who will have custody of your children, ask about the factors that are most important to the judge when determining custody. This can include income, the amount of time spent with the child, how involved they are in their children’s lives, their ability to provide for the children, and more. You should also ask about your chances of having custody of your children.

It is often child custody issues can prolong the divorce process, so it would be good to know which issues to surrender to and which to challenge. You can also ask about alternative dispute resolution, such as a mediator or arbitration if you want to avoid going to trial.

How Should We Split Marital Assets?

Many states will differ in regards to marital assets, but their process is pretty simple as far as allocating joint assets to each spouse. Generally, they will state the ownership of each spouse. Just make sure to ask your attorney about the procedure for splitting marital assets in your state.

How Long Have You Been Practicing Divorce Law?

Having an experienced attorney is extremely important, especially if your situation is more complicated. Knowing how many years they have been practicing, their specialties, with which attorney you will be working, the number of cases they have won, and other general information about the firm.

Who Will be Working on My Case? And Will You Be Involved as Well?

An experienced family law attorney will often work with a team to gather as much information as possible. But it is important to know who exactly will be working on your case and to have their contact information if you have any updates or questions throughout the divorce. You will also want to know who will be in charge and how you will be billed for that work.

If I Call and Nobody Answers, How Long Will it Take to Get a Response?

Asking this question during the consultation might seem silly, but some firms are busier than others. It would be good to pay attention to the amount of clients present in the office and if the attorneys always seem busy. A good divorce lawyer will answer all emails and calls within 24 hours, or will have their staff respond earlier.

How Familiar Are You with the Local Courthouses and Judges?

If you are in a situation where mediation is not an option, having an attorney who knows the local judges and court system well is important. Having someone who knows what judges favor, their process, and even the best times to reach them can be very helpful to your case.

Will I Get Copies of Documents Generated Throughout My Divorce?

A good attorney will provide you with all copies of documents generated during the divorce process. They also shouldn’t be forgetting to send documents to you after receiving a settlement offer from your spouse’s attorney.

Is There a Retainer and How Much Is It?

This is extremely important as well as having the money to pay the fee upfront. Ask what it covers and if you reconcile or switch attorneys, ask whether the retainer will be refunded or not. Some attorneys also charge additional retainers when the initial one is depleted.

Work with An Experienced Divorce Attorney in Oak Lawn, ILBerry-K.-Tucker-Lawyer-Oak-Lawn-IL

Finding an experienced attorney that stays within your budget can be difficult but not impossible. Generally, it is recommended to find one that you can trust, has experience in cases similar to yours, and is responsive to your emails and calls.

One such law firm that can provide these to you is Berry K. Tucker & Associates, Ltd. Our divorce attorneys have over 50 years of combined legal experience, working with clients in unique situations while working to establish the best solutions. Our specializations cover many aspects, including child custody, domestic violence, property division, father’s rights, pre-and post-nuptial agreements, alimony, post-decree issues, and more.

If you are contemplating getting a divorce, or if your spouse has served you with a divorce, you will definitely want to work with an attorney. Berry K. Tucker & Associates, Ltd. can provide you with the answers you need while determining what is in your best interest.

Give us a call at (708) 425-9530 for more information about our law firm or to schedule your consultation. We are located in Oak Lawn, IL, and look forward to serving you soon!

What to Know About Child Custody Laws in Illinois

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Children are the number one priority for parents. When spouses divorce, it’s up to the courts to decide which parent is granted parental responsibilities. As of 2016, Illinois’ child custody laws utilize the term “parental responsibilities” as a replacement for the familiar term of “custody.”

Rearing children is a momentous responsibility, one that requires time, energy, and good decision-making skills. Financial stability, too, goes a long way in meeting the needs of a child. The day-to-day care of a child also involves attention to their daily needs and wants.

Parental Responsibilities

Family-Walking-Kids-ParentsWhen a parent is responsible for a child, the adult must ensure their kids are properly nourished, go to school, clean and dressed properly, and has access to medical care. Aside from the practical responsibilities, adults also are tasked with more subjective forms of care.

A child must engage in play, and the parent is the one to arrange this. When the child misbehaves, the parent shoulders the weight of dispensing appropriate and fair punishment. Chores are to be delegated to children. Plus, when away, the parent must arrange for suitable supervision.

A parent who is granted parental responsibilities of a child is accountable for properly rearing the youth in accordance with accepted societal expectations, many of which are aforementioned. To achieve this end, joint and sole-decision making power are types of parental responsibilities that courts may grant.

What factors do the courts consider when deciding parental responsibilities?

Judges award parental responsibility based on the best interests of the child—rather than whether one parent is better or worse. Factors the courts consider include the desires of the parents to have parental responsibility and the wishes of the child when it comes to who has parental responsibility.

A child’s wish is given consideration but is rarely the last word. A mature child may voice a preference to remain with one parent in order to remain with friends, at the same school, or in a familiar setting. However, the courts have the final verdict when deciding parental responsibilities.

A good relationship with one parent is also an influencing factor. The courts evaluate the mental and physical well-being of those involved. The judge takes into serious account if one parent is a sex offender. Potential violence and domestic violence weigh heavily in the court’s decisions.

A parent afflicted by psychological or substance abuse problems is not immediately deemed unfit to receive parental responsibility. The courts will first evaluate if the individual is able to parent and willing to receive treatment. However, pursuing treatment does not automatically grant a parent the court’s favor.

Current Illinois parental responsibility laws view the mother and father as equally potential decision makers in the life of their child. When it comes to gender, Illinois laws are neutral. Historically, mothers were the primary caretakers, leaving fathers out in the cold when it came to winning custody battles.

What affects the court’s decision to grant joint or sole decision-making power?

Mother-Daughter-Smiling-LaughingFirst, it is important to understand the major decisions that affect the life of a child. Significant life decisions include schooling, religion, health matters, and extracurricular activities. When both parents can agree on decisions of significance, the judge is likely to grant joint decision-making power.

Belligerent spouses have many more reasons to quarrel when it comes to their child. Spouses who fail to get along when directing the life of their child are subject to a division of power. In hopes to circumvent future legal battles, judges will allocate sole decision-making power to one parent.

For more information on how to get sole custody of a child, check out this article.

Is it possible to change parental responsibilities?

If and when parents agree to make a change to their parental responsibilities, the judicial processes run much smoother and quicker. For legal changes to occur, the parents are expected to file court papers. Alterations to the responsibilities may be caused by various factors.

Parenting time changes, for instance. Additional triggers include instances when a different parent pays child support or makes the everyday decisions regarding the life of the child. Also included is when a parent decides upon a new living situation or way of raising the child.

When changes to parental responsibilities occur under argumentative circumstances, the battling parents must wait two years from the date of the original order of parental responsibilities to request a change—the exception is a situation when the child is in danger.

Father-with-Daughter-PlayingEspecially if the child is faring poorly in the current living situation, the courts will take swift action to remove the child from it. On the other hand, if a child thrives and is well-adjusted, no changes are made. A stable environment is important in the eyes of the courts.

What is parenting time?

Another type of parenting responsibility is parenting time. Prior to 2016, Illinois laws used the term “visitation”. Judges divide time spent with the child, which may not be equal, between the two parents. Parents are free to request alterations to parenting time without a minimum waiting period.

Work with a Child Custody Attorney

Children of divorce require attention and care, and their needs are always given priority among the parental responsibilities and child custody lawyers at Berry K. Tucker & Associates, Ltd. Our experienced lawyers are invested in winning your custody battle fairly and with due diligence, so that your family returns to normal life quickly.Berry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

Our family lawyers remain up-to-date on the changing laws in Illinois; the result is that our child custody lawyers are prepared at every hearing to best represent our clients. Attorneys from Berry K. Tucker & Associates, Ltd. are skilled in presenting our clients in the most favorable light.

The dedication by the family law attorneys at Berry K. Tucker & Associates, Ltd. is rewarded with winning countless parental responsibilities cases. We deliver incomparable expertise in the complex field of family law plus thoroughness during the investigation process to all our clients.

Consult a reliable family law attorney from the reputable firm of Berry K. Tucker & Associates, Ltd. if you expect to be involved in a child custody dispute. Our knowledgeable legal team serves the families living in the surrounding areas of Oak Lawn, Illinois.

Get a Free Consultation

To receive a free consultation for your parental responsibilities case, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530 or fill out a contact form. We look forward to hearing from you!

How Are Assets Divided in an Illinois Divorce?

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Approximately 2.2 out of every 1,000 Illinois residents are divorced. When Illinoisans divorce, their marital property is unlikely to be divided equally. With equitable distribution laws, Illinois divorce courts may divide marital assets between spouses 30/70 or 40/60, for instance, but infrequently 50/50.

Illinois is not a community property state. States that uphold community property distribution laws split marital assets 50/50 between spouses, no matter what the circumstances. But in Illinois, court officials decide what is equitable distribution and individual circumstances can sway their decision.

Why Unequal Asset DistributionProperty-Division-Divorce

While seemingly unfair to the spouse who is awarded less, Illinois courts are intent on dividing marital property fairly and justly. Usually, this results in an unequal distribution of assets. The courts’ judgement is affected in large part by the unique situations surrounding the dissolution of the union.

In Illinois, it matters little how malicious one spouse is toward the other. Being a state that recognizes “no-fault” divorce, Illinois courts do not fault one spouse for causing the divorce, such in instances of affairs. This means the judge will not award more marital assets to the victimized spouse.

However, financial misconduct is recognized by Illinois courts and awarded justly. When a spouse wastes a family’s financial reserves on gifts to his mistress, the courts will order the cheating spouse to reimburse the funds to the divorcing spouse, as the money was not used for family benefit.

What is considered marital property?

A married couple may buy a pricey armoire, for instance. During a divorce, this armoire will be awarded to one spouse. It is up to the courts to decide who receives this valuable piece of furniture, because it is considered marital property—an item that was acquired during the marriage.

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In Illinois, possessions acquired outside of the marriage, such as before or after, are considered non-marital property. A sapphire necklace inherited by one spouse before the legal union was formed is an example of non-marital property. Illinois divorce courts cannot divide non-marital assets.

Marital property can be combined, making equitable distribution challenging. For instance, one spouse’s wages from the period prior to the marriage may be placed in a joint account with the other spouse. Courts deem the funds as marital property, unless the original funding source can be traced and proven.

Additional instances of commingling include when funds earned prior to the marriage are used to pay for family goods. Illinois courts call this transmutation—a gift toward the union. The judge will not return the funds during a divorce, since the money has been converted to marital property.

Factors influencing Division of Property

In order to arrive at the most just and fair split of marital assets, Illinois courts consider several factors. Judges will look at the length of the marriage, the income earned by either or both spouses during the union and each spouse’s age, education level and health.

Each spouse’s pre-marital property also receives attention. The courts examine the spouses’ contributions to the union and marital estate as well as any dissipations that affect the marital estate. Dissipation is when money is spent for non-marital purposes (lavish spending with intents that the other spouse will pay for it).

1. Length of Marriage

The shorter the length of the marriage, the more likely it is that an Illinois divorce court will award a 50/50 split of marital assets. In longer marriages where there is an income discrepancy, judges typically favor granting the spouse with less earnings a larger portion of the marital property.

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Short-term marriages are scrutinized in courts, and for good reason. Illinois divorce and asset distribution laws work to prevent gold-diggers from unscrupulously marrying wealthy individuals in efforts to derive a hefty payout upon a divorce just a day or two after the union.

2. Earning Power

Illinois judges view equal-earning partners as deserving of a 50/50 division. But in a long-term marriage, a homemaker is likely to receive a larger split. The working spouse can continue to earn income after the dissolution of the marriage, while the homemaker has a lesser earning capacity.

Income discrepancies influence a court’s decision to award more or less to the working and non-working spouse. As mentioned above, the ability to earn future income is considered by judges. Just how much a spouse can reasonably earn after the divorce affects the outcome of the property split.

3. Children

Illinois courts consider the well-being of children when dividing marital assets during a divorce. Judges try to keep the kids at the family home or in the same school district. This effort will result in one spouse being awarded the family home as part of the division of marital property.

Work with a Divorce Lawyer for Proper Asset Division

Navigating marital division laws during a divorce is hardly straightforward. Numerous factors are to be presented to the courts to receive the fairest split. An experienced divorce lawyer from Berry K. Tucker & Associates, Ltd. is prepared to discuss your concerns and present your case in the most favorable light.Berry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

The divorce lawyers at Berry K. Tucker & Associates, Ltd. are knowledgeable in all aspects of the continually changing divorce laws in Illinois. In addition to thorough knowledge of current statutes as well as legal expertise, our clients receive over 50 years of combined experience in family law.

We are ready to represent you with issues involving child support, pre-nuptial agreements, spousal support, visitation, post-decree matters and property division.

Our lawyers will help you understand what falls under the category of marital property, which can include stocks, houses, vehicles and pets.

With a legal team of experienced family law attorneys in Oak Lawn, Illinois, the reputable firm of Berry K. Tucker & Associates, Ltd. is prepared to help individuals who are in the midst of a divorce or anticipating one. Our divorce attorneys are ready to guide you every step of the way, answer all questions, present you with your best legal options and support you during the trying process of a divorce.

Contact Us

To receive a free consultation with our divorce attorneys, give us a call at (708) 425-9530.

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