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Tag Archives: Divorce Attorney

marriage requirements, marriage license, Illinois marriage law, DuPage County attorney, prenuptial agreement

If you have found “the one,” the special person with whom you want to spend the rest of your life; if the ring has been purchased and your beloved has said “yes;” if you've already started planning the celebration of your big day, then an important next step is to examine the marriage requirements for the State of Illinois and make sure that you follow them before you take that trip down the aisle.

Getting the License

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no fault divorce, fault divorce, reason for divorce, Illinois divorce lawyer, divorce attorneyDivorce can be a difficult and emotional process. Property is separated, child custody is decided, and the two spouses go their separate ways.

Some states' divorce statutes require a party to plead grounds for a divorce (in other words, a basis for the court to grant a divorce), such as mental or physical cruelty, attempted murder, adultery, desertion or abandonment, drug addiction, or habitual drunkenness. However, in many other states, including Illinois, a party is allowed to ask the court for a divorce without providing a substantial basis for it. This is known as proceeding under the grounds of “irreconcilable differences,” and is commonly referred to as a no-fault divorce. Using irreconcilable differences as a means to be granted a divorce, however, is more complex than simply asking for a no-fault divorce.

Requirements of a No Fault Divorce

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divorce rate, divorce trend, divorce and economy, divorce finances, cost of divorce, DuPage County family law attorneyIn 2012, the number of individuals in the United States who filed for divorce rose for the third year in a row. All three of those years were following a major recession, perhaps indicating a link between economic improvement and the number of people seeking a divorce.

Though bad news for those who do not want a divorce, the upswing in the number of people filing for divorce could be an indicator that peoples' personal financial situations are improving—meaning, those who file for divorce now have the ability to pursue a divorce where perhaps previously poor finances would have prevented them from filing.

When the economy is in a recession, and especially when unemployment numbers are up, people tend to avoid potentially costly big life changes if they can. And it's not just the legal fees people are trying to avoid; for example, couples who want to divorce often have property that should be listed for sale. In the midst of a bad housing market, these couples might decide it simply doesn't make sense to divorce and split finances when they could wind up losing value on their property.

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 Illinois divorce lawyer, divorce, Illinois, DuPage County, marriage, divorce, family lawyer,

Perhaps you did not see a divorce coming. Perhaps you missed all the red flags, and attributed the lack of communication, intimacy problems, and petty arguments over finances to work-related stress. Perhaps you were completely blindsided by the possibility of a divorce.

Coming to terms with a pending divorce is an extremely emotional endeavor, but it's best to start preparing for reality as soon as possible. Your first line of defense should be to schedule an initial consultation with an experienced Illinois divorce attorney.

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For many companies, autumn marks the open enrollment period for employment-provided benefits. According to USA Today, “open enrollment is typically a period of several weeks during which you can opt into your company's benefits programs, from health insurance to a retirement plan.” Enrollment periods also apply to changing any benefits you currently receive. Knowing what benefits you're eligible for and wish to enroll in or change, both for yourself, your spouse, and your family, is important, especially if you have to make a decision by a certain deadline, as with open enrollment. This process is all the more complicated if you're going through, or think you might soon be going through, a divorce.

Insurance and Other Benefits After Divorce IMAGEFor those who are going through a divorce, separating one spouse from the other's benefit program can be one of the most painful and expensive aspects of the whole divorce process. It also tends to be more difficult for women, who are less likely to work outside of the home and are more likely to be enrolled in their husband's employer-provided benefits. Staying on an ex-spouse's health insurance plan after divorce is not an option. However, with many employer's provided plans, an ex-spouse has a certain period of time in which he or she can opt to enroll in a similar plan on their own. State and federal law dictates which employer provided plans are subject to this option and when the enrollment must take place. In addition, minor children can always stay on an employee's benefit program, regardless of a divorce or who is awarded custody.

While health insurance is the biggest employer provided benefit that changes for ex spouses following a divorce, it certainly is not the only benefit. For example, a spouse can remove you as a beneficiary on a life insurance policy. Sorting out a life insurance policy can be a complicated step in the process of separating spouses' finances during a divorce, because such policies are commonly used as collateral to secure child support and maintenance payments should something happen to the support-paying spouse.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree