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Lombard family law attorneysDivorce is extremely common, and sometimes, it can come at an inopportune time. Nowhere is this more apparent than in the case of military families, when essentially, there is no “good” time unless the person with a military career is essentially retired. To help military couples obtain a divorce in an amicable fashion without having to wait years, there are certain specific divorce laws that apply only to them.

Service and Timing Issues

The main issues in trying to obtain a divorce from an active duty military member are personal service and the possibility of default. A divorce can be filed in Illinois if one or both spouses either live in state permanently, or if one or both spouses are stationed in the state. However, in any contested divorce, the non-moving party must be served personally with a copy of the petition filed by their spouse. Otherwise the court, in theory, has no jurisdiction over them. In other words, without personal service, the military member would not have enough contact with the place where the court is for that court to have any power over him or her. If the divorce is not contested, personal service may be waived, but if it is contested, the rule is absolute.  This means that the personal service requirement can make going forward with the divorce very difficult if the military member is overseas or in a war zone.

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Posted on in Divorce

Lombard divorce lawyerMost of the time, when two people want to get divorced, they simply inform the other person by having a copy of the papers served upon them, usually by hand delivery. However, there are some very rare situations when the spouse cannot be located. When that happens, a suitable alternative must be found. The answer in Illinois and many other states is called divorce by publication.

A “Good Faith Search”

In all cases, your soon-to-be-ex-spouse must be informed of your desire and intention to file for divorce. However, if they have moved or are trying to avoid you and have left no forwarding address, the normal methods of mail or hand delivery are impossible. Yet it is contradictory to public policy to demand that two people remain married when they are not even living together and all communication has broken down. Publication is generally the best possible chance for your information to reach your absent spouse.

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Posted on in Divorce

Lombard divorce attorneysIn the past, divorce proceedings were often heavily biased against wives, for a multitude of societal and anthropological reasons. Society has changed over time, as one might expect, but there are still very different issues that women face after a divorce than those affecting men. Women—especially older women—are often put in positions they are unfamiliar with and may require help in handling.

Financial Issues

One of the major issues that many women face, especially older women, is that financial concerns are often foreign territory. Especially in marriages among older people, finances are traditionally the responsibility of men, so women after divorce may find themselves at a disadvantage in handling their money. An experienced divorce attorney may be able to advise on how to keep your assets safe. For example, a living trust may be an effective way to keep your assets in a form that cannot be accessed by creditors.

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Lombard family law attorneysUsually, when a couple decides to divorce, the court prefers that the spouses create their own divorce agreement dealing with subjects like maintenance and child support. More often than not, couples are able to agree on these subjects and a divorce decree can be approved by a judge with minimal court intervention. However, there are cases when the agreement will be denied, and either the couple will need to fix a few things or the court will have to make a ruling in accordance with the current law.

Unconscionability

Illinois law holds that an agreement to divorce must not be unconscionable. Unconscionability is a doctrine dealing with contracts that prohibits terms that are so grossly unfair or skewed in favor of one party that it shocks the conscience. While this applies to all contracts, it is seen fairly often in divorces. The aim of a divorce settlement is to leave both spouses with the tools they need to live independently, and sometimes people create agreements that do not meet that criteria, whether they realize it or not.

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Posted on in Divorce

Lombard family law attorneyIn many divorce cases, the concept of marital misconduct is often discussed, if only to underscore the fact that any evidence of it is not applicable to most divorce-related discussions. While Illinois law expressly excludes it from playing a role in issues like property division, it is still important to understand exactly what constitutes marital misconduct and what is simply a difference of ideology or opinion between you and your spouse.

Marital Misconduct and Divorce

Marital misconduct is generally defined in the law as conduct of any kind that has helped erode the marriage. This can take many different forms, from the wasteful spending of marital money to adultery to domestic violence. In many states, this kind of conduct can have a negative effect on a spouse’s portion of the marital assets as well as on the amount of parenting time granted to them. The rationale behind such decisions is that someone who shows flagrant disregard for the marriage and its benefits should be entitled to less in a divorce.

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