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Lombard divorce lawyer irreconcilable differencesThroughout the history of marriage, adultery has been socially frowned upon as a betrayal of trust, and it often leads to divorce. Public opinion and religious beliefs are often believed to be the driving factor behind these negative views, but the laws regarding marriage also play a role. However, many people do not understand how these laws may affect them.

The Legality of Adultery

As is common with most laws, the way adultery is defined and handled varies from state to state. What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime. Illinois law defines the act of adultery as voluntary sexual intercourse between a married person and a person who is not their spouse, if:

  • The person is married and knows the other person involved in such intercourse is not his spouse; or 
  • The person is not married and knows that the other person involved in such intercourse is married.

Based on the law, if two parties engage in such action, and their actions are “open and notorious,” they are committing a misdemeanor, which can be punished by up to a year in prison. However, even though this law exists, it rarely results in criminal prosecution, so a person is unlikely to actually receive jail time for their extramarital activities. 

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Posted on in Divorce

Lombard family law attorneyA divorce, as most people are aware, can be a nasty, volatile affair. Parties who were once so in love that they agreed to spend the rest of their lives together can quickly become fierce rivals who can no longer stand to be in the same room as one another. Each aspect of such a divorce becomes a small battle in the war to see who will “win” in the end.

Many who are considering divorce fear that their situation will deteriorate to similar levels of contentiousness and hostility. The reality, however, is that divorce does not need to be this way. Rather, it is possible for a couple to end their legal marriage while remaining civil, respectful, and even somewhat friendly throughout the process.

Redefining Winning

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divorce papers, serving divorce paperwork, Illinois divorce lawyer, divorce attorney,For those residing in Illinois, divorce papers can either be served in person by a spouse, or through a process server. It is best to retain an experienced Illinois divorce attorney to assist you in determining the best option for your situation.  Your attorney will request the filing of a Petition for Dissolution of Marriage or Precipice for Summons with the circuit court to begin the process.  

Illinois state law, Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5),  requires that any defendant of a lawsuit, which includes your spouse if you are the filing party, must be informed of any pending legal action. You must "serve" your spouse with a notice of divorce or service of process.

Illinois has requirements for this process and all must be satisfied before you can move forward with your divorce action. The following is a brief description of state requirements for informing your spouse of the divorce:

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in-laws, lawyer, attorney, Illinois family law attorney, Illinois family lawyerWith summer drawing closer, many families are considering taking vacations to see their in-laws. While this would ideally be a happy, carefree time for families, unfortunately these visits are often the source of conflict as parents feel pulled in different directions. In fact, toxic relationships with the in-laws may lead to divorce in some cases.

According to The Washington Times, spouses across the country have tough relationships with their in-laws. In some cases, in-laws may use guilt and manipulation in order to coerce their children into following their wishes when it comes to visitation time with grandchildren. This can leave couples scrambling as they try to divide time equally between sets of grandparents. Unfortunately, all of this pushing and pulling can cause marital troubles if not handled correctly. It is important to discuss vacations and visitation schedules with your spouse in order to determine what will suit you best as both a family and a couple. In cases where your spouse may want to make one decision, while your parents or in-laws are pushing for a different choice, it is important to put the needs and wishes of your spouse first if you want your marriage to stay healthy. It may be helpful to come up with compromises ahead of time. You might consider rotating holidays between sets of grandparents, for example, or consider hosting your in-laws for a visit instead of traveling. Setting boundaries for visits may also help things go more smoothly. Unfortunately, sometimes the conflict caused by toxic in-laws can become too much for a couple to overcome. If you are considering filing for divorce in Illinois, it is important that you have an attorney to help you through the process. Contact the experienced professionals at A. Traub & Associates today for a consultation on your case. They look forward to helping you ensure your divorce moves as smoothly as possible.

illinois divorce attorney tipsDivorce often results in a series of challenging lifestyle changes. Aside from dealing with the loss of your marriage, you may be facing the most difficult challenge of all – the loss of your family home.

For those residing in Illinois, marital property encompasses all property acquired during the course of the marriage and mandates equal distribution of all marital assets.

The final determination could have you seeking alternative living arrangements. With the possible sale of your home out of your hands, an apartment search can turn into a therapeutic way to start anew by downsizing your life, post-divorce.

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