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Wheaton family law attorney legal separation

When a married couple is struggling to live in harmony under the same roof, one person usually moves out of the shared residence. The distance and time apart may allow the couple an opportunity to work through relationship problems and determine their next steps. For a couple who can no longer reside together, there are several options available, including divorce and legal separation. If you are struggling in your marriage and would like to discuss your next steps, a family law attorney can explain your rights and your legal options.

What Are the Differences Between Legal Separation and Divorce?

A divorce legally dissolves the marriage between two individuals, while a legal separation acknowledges that the couple is still married but lives apart from each other. Divorce is a permanent decree, but legal separations may be either temporary or permanent. A couple who is legally separated may eventually decide to file for divorce, but they also have the option to end the separation and reunite. It is important to note that during the legal separation, the spouses may not get married to anyone else.


annulment, Illinois law, Lombard family law attorneysUnder certain circumstance a marriage can be ended by an annulment or, as it is legally called in Illinois, a declaration of the invalidity of a marriage, instead of a divorce. An annulment means that, legally, the marriage never happened. There is no property division or spousal support when an annulment is granted. But, very few circumstances qualify for an annulment.

Annulment Requirements

The law presumes that a marriage is valid in most instances. You can only get an annulment in Illinois to a marriage performed in Illinois. Justifiable reasons for seeking an annulment include:


divorce stressThe Illinois Department of Health lists a total of 2,310 divorces and annulments in DuPage County in 2011. This accounts for 18 more than listed the year prior. Divorce is never a pleasant ordeal and can cause a high amount of stress for the thousands of people it affects every year. Undoubtedly, there are a number of factors that can lead to hair loss, including poor nutrition or genetics, but studies have linked stress caused by divorce to hair loss in women.

An article published by U.S. News & World Report shares research that indicates hair loss due to stress from losing a spouse is only second behind genetics as the strongest culprit in females. Health habits may change during divorce proceedings, which may be attributed to increased stress and subsequent hair loss.

Irregular sleep patterns, alcohol and tobacco use, and other unhealthy factors may all affect the stress level of any person dealing with a separation. Divorce also can have an effect on a person’s medical health as well. published research that shows men and women who are divorced have 20 percent more chronic health problems than those who are married, per a study by the University of Chicago and John Hopkins University.


Posted on in Divorce

divorce by publicationIf you need to end your marriage but cannot locate your spouse, a divorce by publication may be the answer.

In order for any court to act, it must have jurisdiction over both the case and the parties. In Illinois family court, a judge has jurisdiction over a divorce if the couple was legally married and at least one spouse resides in the state. The court must also have personal jurisdiction.

Typically, this means each party has filed a written document with the court or has formally waived service of citation.

Divorce or Dissolution of Marriage

Planning on petitioning for a divorce or dissolution of marriage depends on which state you call home. If you are an Illinois resident consulting with a qualified divorce attorney under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) the proper terminology is the dissolution of marriage.

For Illinois and fellow dissolution states, the view on marriage is a legal contract between two people, and filing for divorce is the act of legally requesting the dissolution of a contractual agreement.

Since divorce procedural law is not governed at the federal level, individual state law requirements are enacted and expected to be strictly followed. After consulting with your Illinois divorce attorney, you will become well-versed in Illinois dissolution law as it pertains to your personal situation. Discussions involving the discovery and division of marital assets, continual maintenance (alimony), child support and visitation will be addressed as you move through the dissolution process.


adultery, infidelity, divorce, Illinois divorce lawyer, Arlington Heights divorce attorneyHas the time come to change our western views on adultery and marriage? According to a recent article published by The Huffington Post, perhaps it has. No longer does the act of adultery result in the offending spouse strolling through town with a scarlet letter sewn to her bodice or does the adulterous male receive a good flogging but are we truly ready to alter our thought process when it comes to marital deception?

It is estimated that 30 to 60 percent of all couples in the United States will deal with some form of infidelity at one point in their marriage. David M. Buss and Todd K. Shackelford, University of Texas, Austin, co-researchers responsible for this data, also believe these numbers may be conservative since the act of adultery resulting in divorce can still taint the marital waters with a shade of crimson. Is Adultery Inevitable? Perhaps. As we evolve, marriage has also evolved. We are living longer than previous generations. As the vow states, "till death do us part", but will we remain satisfied with our partners on all levels, emotionally and physically? Or do we tread on dangerous ground resulting in adultery and possibly divorce? East Meets West?

Being married is highly vital to secure one's social status in Eastern culture. Love is not necessarily part of  the marital equation, especially when there is a booming adultery inspired industry. In some eastern cultures, marriage is viewed as vehicle to secure your social standing. Without this collaboration, you could experience difficulty with obtaining employment and the opportunity of climbing both the social and corporate ladder. Clearly a different viewpoint from traditional Western culture.

Evolutionary Thinking? With the continual expansion of the Western melting pot, perhaps differing cultural influences may infuse our long-standing marital philosophy. Perhaps East may meet West for future generations. Will we celebrate a long term marriage as maintaining a strong sense of open communication rather than remaining physically faithful. Will future couples define what is expected and acceptable as terms of a successful marriage? For some the evolution of marriage may not be terms they are willing to accept. For many, infidelity is an issue. It will remain an issue although there is evidence of a lack of marital communication that may have led the offending spouse to his or her decision to stray. Most couples continually cite infidelity as the determining factor of filing for divorce, primarily due to an emotional disconnect from their partner. Luckily for Western culture we still have the opportunity to define our own marital commitment and decide when and why we may choose to dissolve our marriage. The family law team at A.Traub & Associates understands the emotional and financial importance of a divorce for whatever the reason. We will work diligently to ensure an open line of communication as we meet your legal needs and a fair and equitable resolution of your marriage.  Contact us today at 630-426-0196 to learn more about your options and our dedicated legal team.
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