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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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naperville divorce lawyerIf you believe that your marriage was a mistake, you may be considering getting a divorce. However, you may qualify for an annulment in Illinois. An annulment or "Declaration of Invalidity of Marriage" allows two partners to legally exit a marriage that is deemed fraudulent or invalid. If you want to get your marriage annulled, a divorce attorney can help you understand whether you qualify for an annulment. If you cannot get your marriage annulled, you may need to pursue a divorce instead. 

When  Can You Get a Marriage Annulled in Illinois?

Not all marriages can be annulled in Illinois. An annulment has strict requirements and is actually more difficult to obtain than a divorce. In order to qualify for an annulment in the state, the marriage must violate the law or public policy in some way. Here are some valid reasons for seeking an annulment: 

  • One spouse was underage at the time the marriage took place and did not have parental consent to get married.

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Posted on in Divorce

Naperville divorce lawyerA divorce can be a very stressful ordeal, so it is understandable that you want to get it over with as soon as possible. A divorce can take anywhere from a few months to several years to finalize, depending on your individual circumstances. The good news is that you can take steps to accelerate the process. An experienced divorce lawyer can help you explore all of your legal options and choose the course of action that will expedite the divorce process as much as possible.

How to Hasten the Divorce Process

No one wants to go through the divorce process longer than they have to. Here are a few ways to move the process along.

  • Educate yourself about the latest divorce laws. Before you even file for divorce, you should learn about the various divorce laws in Illinois. For example, you can ask for a divorce in Illinois if you and your spouse have lived in the state for at least 90 days and been legally separated for at least six months.

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