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IL divorce lawyerThe average marriage ceremony takes less than an hour. However, undoing a marriage through divorce can take weeks, months, or even years. Spouses may need to address the division of property and debt, spousal support, child support, child custody, and more. If you are like many spouses beginning the divorce process, you may wonder how you will handle the months or years between filing the divorce petition and the divorce’s resolution. Temporary orders can address important divorce issues like child custody or spousal support while the divorce is ongoing.

Temporary Relief Orders During an Illinois Divorce

Often, divorcing spouses are unable to reach an agreement about how to handle parental responsibilities, parenting time, financial concerns, and other divorce issues without the court’s intervention. Temporary relief orders may address:

  • Spousal support – Separation and divorce can represent a massive financial blow – especially when a spouse is disabled or has not worked outside of the home for many years. The amount of spousal support a spouse can receive is based on the particular facts of the case, including each spouse's financial needs, the standard of living established during the marriage, the children’s needs, and the paying spouse’s ability to pay spousal maintenance.
  • Child custody – A temporary order can establish how the parents will share parental responsibilities and parenting time. Temporary orders for child-related issues can benefit both the parents and the child. A temporary order can create a predictable parenting time arrangement which can give a child the stability he or she needs during this tumultuous time.
  • Child support – Child-related costs including school expenses, extracurricular fees, childcare, housing, and everyday expenses like groceries can quickly add up. A temporary child support order can provide valuable financial assistance to a parent before the final child custody order is entered.
  • Property concerns – Temporary relief orders can also address property concerns such as who will reside in the marital home while the divorce is ongoing, who will keep which vehicles, or how medical expenses and health insurance will be handled.

Contact a Naperville Divorce Lawyer

Temporary relief orders can address child-related issues and financial concerns while your divorce is still ongoing. For help seeking a temporary order or for other divorce needs, contact the skilled DuPage County divorce attorneys at Pesce Law Group, P.C. Our team can help you explore all of your legal options and determine the next steps. Call our office today at 630-352-2240 for a free, confidential case review and consultation.

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IL divorce lawyerStudies show that approximately 16 percent of married people cheat on their spouse at least once in their lives. Of course, what constitutes “cheating” is up to the individuals involved in the marriage. Whether your relationship was affected by a one-time instance of sexual infidelity or a long-term affair, there is no doubt that cheating can dramatically impact a marriage. But how does infidelity affect divorce? Are spouses entitled to a greater share of marital property or higher spousal support payments if their spouse cheated? Does infidelity impact child custody determinations? Can you list “adultery” as the grounds for your divorce?

Adultery in Illinois Divorce Cases

The grounds, or legal justifications, for divorce vary from state to state. Presently, Illinois is a no-fault divorce state. This means that you will not list adultery or other fault-based grounds as the reason for your divorce. The only reason you will have available is “irreconcilable differences.” Infidelity and other forms of marital misconduct do not typically impact the division of assets and debts, spousal maintenance, or child custody decisions in Illinois divorce cases. However, there are ways that adultery or an affair partner can influence divorce determinations.

Dissipation of Assets

Dissipation of assets occurs when a spouse uses or destroys money or property for a purpose not related to the marriage after the relationship has experienced an irreparable breakdown. One of the most classic examples of dissipation occurs when a spouse uses marital or non-marital property to fund an affair. For example, consider a marriage in which both spouses are unhappy. The spouses no longer share a bed or share their lives with each other. The wife has an affair. She uses $10,000 worth of savings to go on a vacation with her secret boyfriend. Through a dissipation of assets claim during the property division process, the woman’s husband may be able to recover the funds that were spent during the extramarital affair.

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IL divorce lawyerFor ex-spouses and families to transition to a new normal after divorce, they must follow several steps. Depending on the situation, the divorce process can range from amicable and smooth to hostile and complicated. When spouses wish to end their marriage on good terms, they may want to pursue an uncontested divorce which allows for a quicker and cheaper divorce. However, in times of divorce, it may be very difficult for divorcing couples to agree on every aspect that has to be determined. These disagreements will likely lead to a contested divorce. Regardless of what route is appropriate, each individual should be aware of what challenges may lay ahead.

Contested Divorces

A divorce may become contested for numerous reasons. Disagreements regarding finalizing the divorce and conditions applied to the dissolution of the marriage often cause substantial conflict between the spouses. Some of the most prevalent issues faced in a contested divorce include whether to get a divorce, where any shared minor children should live, what amount of child support should be paid, where a family pet will live, how assets and debts should be divided, and whether any spousal support should be provided.

Before a contested divorce can be properly settled, it is highly suggested that each spouse collaborates with a separate attorney. Because so much of a divorce dispute will involve a court and various legal procedures, each party will want their own representation that is able to analyze and administer complexities and issues that arise.

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Posted on in Divorce

IL divorce lawyerWhile each divorce is unique, most divorces are incredibly stressful and frustrating. As divorces have been a cultural norm in our society, we are seeing an increasing number of later in life divorces, also known as grey divorces. Gray divorces are similar in nature to divorces that occur earlier in life, however, they often are met with unique obstacles that only arise from decades of marriage. Men and women considering divorce over the age of 50 should know what to expect as they begin to start this new chapter and be well prepared for the necessary changes.

Causes of Late-Life Divorce

Significant changes in laws and societal norms have allowed for a much smoother divorce process. This is substantially relevant for couples who belong to older generations who may have previously feared that their divorce would lead to rejection from their peers. While it is certainly possible that a late-life divorce is caused by the same issues as a couple divorcing in their 30s, divorces for older couples come with their own characteristics and consequences.

The cultural changes our society has seen over the years very often play a role in gray divorces, some of which include:

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naperville divorce lawyerSubstance abuse is one of the most common reasons why couples get divorced. When one spouse suffers from addiction, it can affect his or her ability to keep a job and take care of the children. If your spouse is addicted to drugs or alcohol, the divorce process can become more complicated. As such, it is important to learn about your rights and prepare for the divorce process in advance. An experienced divorce lawyer can help you understand how substance abuse may impact your divorce case.

How Substance Abuse Can Affect a Divorce

Illinois is a no-fault state. To get divorced in Illinois, you must only show that you and your spouse have “irreconcilable differences” and can no longer make the marriage work. However, if one spouse has a substance abuse problem, it could impact divorce proceedings. If you and your spouse, for example, have children together, you may not want your spouse to have a significant portion of the parental responsibilities or parenting time.  Being addicted to drugs or alcohol can make it more difficult to provide children with a stable and safe environment. You may doubt your spouse’s ability to care for your child and keep him or her safe. 

Substance abuse can also have a massive financial impact on a married couple. If your spouse spent money or sold property to fund his or her addiction, you may have a valid “dissipation of assets” claim. You may be entitled to reimbursement for the “dissipated” or wasted assets. 

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