Posted on in Divorce

IL divorce lawyerAlthough we generally think of divorce as the main way to end a marriage, there is technically another means of “undoing” a marriage in Illinois. Annulment is a legal process through which an individual’s invalid marriage is canceled. Unlike a divorce, an annulment makes it as if a person was never married. In Illinois, annulment is referred to as a Declaration of Invalidity. Not just anyone is eligible for a Declaration of Invalidity. You must meet certain criteria in order to have your marriage annulled in Illinois.

Why Do People Get Their Marriages Annulled?

There are a wide variety of reasons that a person may wish to get their marriage annulled. A person may decide to get married on a whim and then later realize that getting married was a mistake. Sometimes, spouses seek an annulment because they learn information about their partner which makes their marriage unreasonable or legally unenforceable. Other times, a person seeks an annulment because they could not legally consent to the marriage in the first place. Many people also seek annulments for religious reasons. However, it is important to note that an annulment through a church or other religious institution is not the same as a legal annulment through the courts.

Grounds for Annulment in Illinois

You must meet certain criteria in order to qualify for an annulment in Illinois. You may be able to have your marriage annulled if:

  • The marriage is prohibited by law because you and your spouse are close relatives.
  • The marriage is bigamous because one of the spouses is still legally married to another person.
  • You or your spouse cannot physically engage in sexual intercourse and the other spouse was unaware of this inability at the time of the marriage.
  • You or your spouse were under age 16 when you got married or were aged 16 or 17 and did not have the required parental permission to marry.
  • You or your spouse were unable to consent to the marriage because you were under the influence of drugs or alcohol or were otherwise incapacitated at the time of the marriage.
  • The marriage was entered into through fraud. For example, someone who gets married for the sole purpose of avoiding deportation is in a fraudulent marriage.
  • You or your spouse entered into the marriage through force or coercion.

There are certain statutes of limitations that restrict when a person can get an annulment in Illinois. If you are seeking an annulment due to mental incapacity, fraud, duress, force, or intoxication, you must file a petition for annulment within 90 days of learning of the issue. If the marriage is invalid because the spouses are underage, the spouses have until they are 18 years old to seek an annulment.

Contact a St. Charles Family Law Attorney

If you want to learn more about declaring your marriage invalid, contact a qualified Kane County divorce lawyer from Shaw Family Law, P.C. today. We can help you determine whether or not your marriage qualifies for annulment and explore all of your legal options for ending your marriage. Schedule a confidential consultation by calling us at 630-584-5550.

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IL divorce lawyerUnderstandably, divorce can be a very emotional process. Many people getting divorced struggle to make good financial decisions and not let their emotions dictate their behavior. Some of the most common divorce mistakes stem from short-sightedness and haste regarding finances. Fortunately, there are steps you can take to avoid adding superfluous expense to your divorce. Read on to learn about some of the ways that divorcing individuals inadvertently increase the cost of their divorce and how you can avoid these financial pitfalls.

Mediation is an Affordable Alternative to Court Intervention

Cooperating and negotiating with a soon-to-be-ex-spouse can be one of the hardest parts of the divorce process. However, working with your spouse to come to an agreement on divorce issues is much less expensive than courtroom litigation. If you find it difficult to talk to your spouse about property and debt division, child custody, spousal support, or other divorce-related concerns, mediation may be a useful option. During mediation, a specially-qualified mediator acts as a neutral third-party during negotiations. The mediator helps the divorcing couple reach agreements about divorce issues so that the couple does not need to take the matters to court.

Unhealthy and Expensive Coping Mechanisms Can Cost

Ending a marriage can be an incredibly stressful undertaking. Because of this, many people getting divorced find themselves indulging in comforts like food, alcohol, or fun activities. Experts say that some self-pampering can be beneficial during divorce but overindulging can create serious problems. One recent study found that the risk of developing alcoholism increased for both men and women following a divorce. Using drugs, alcohol, gambling, or excessive retail therapy to avoid negative emotions during divorce can quickly escalate and lead to financial disaster in the future.

Carefully Consider What to Do with Your House

If you are like most people, you have a sentimental attachment to the place you call home. During divorce, the last thing you may want is to be uprooted and forced to move into a new house or apartment. However, it is not always in your best interest to keep the house when you get divorced. Making a monthly mortgage payment and maintaining a home alone is usually much harder than it is with a spouse. For other divorcing spouses, it makes more financial sense for them to keep the home than to sell it. Make sure to consider all of the possible options when it comes to the marital home and consider the long-term consequences of selling or keeping the house.

Contact a Kane County Divorce Lawyer

If you are getting divorced, contact a St. Charles divorce attorney from Shaw Family Law, P.C. to get the help you need. Schedule a free, confidential consultation by calling our office today at 630-584-5550.

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IL custody lawyerWhen the process of a divorce is civil, there is no need for the court to order a partner or parent to stay away from the household. However, when there is domestic violence present in the relationship(s), the victim and/or parent of the victim can petition family court for an order of protection until the divorce process is concluded - or sometimes even further.

Understanding Orders of Protection

Domestic violence is a serious reason why some partners choose to split. However, if the abuser is unhappy about their partner choosing to leave, the abuse can sometimes escalate. If this happens, the victim is encouraged to file for an order of protection which will eliminate contact between victim and abuser during their divorce. This includes:

  • Phone calls
  • Emails
  • Text messages
  • Physical proximity to each other
  • Physical proximity to the victim’s residence
  • Physical proximity to the minor victim’s school or daycare

When there are children involved, the parent may file for an order of protection that includes them so that the abuser does not have contact with the minors during the process if it is believed the children may also be at risk. In Illinois, there are three types of orders which range in duration of non-contact:

  • Emergency orders, which cover a duration of 14 to 21 days.
  • Interim orders, which cover a duration of 30 days.
  • Plenary orders, which cover a maximum of two years.

All orders are able to be extended when the coverage time comes to conclusion. This must be done through the court as well.

Penalties for Violating an Order of Protection

An abuser needs to be knowingly violating the order of protection for a punishment to be given. In this case, the offender will be charged with a Class A misdemeanor. If there are children involved during the violation, the charges are elevated to a Class 4 felony.

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IL divorce lawyerSeparation is typically seen as the step taken before divorce; however, this is not always the case. Some use separation as a trial period to see a life without their spouse in it while others see separation as a substitute for divorce. Many that are considering separation have already experienced a mental or emotional gap without physical distance coming between them and their spouse. There are three types of separation, each of which gets progressively more serious.

Types of Separation

The following are the three types of separation available to married couples:

  1. Trial Separation: A trial separation can be the “trial period” that couples are looking for when they are having difficulties in their marriage. This form of separation does not require any legal paperwork and is not considered a legal process. Trial separation has the two spouses living apart with the potential to get back together. This form of separation often helps couples decide if their marriage is still meant to be or if divorce is on the horizon.

  2. Permanent Separation: This type of separation occurs when couples decide that they no longer want to be together but do not wish to have legal processes involved. Some choose permanent separation to continue to have financial benefits of a legal marriage. The division of property can become difficult in this form of separation without third-party assistance. Property purchased or debts incurred after the separation but without a divorce present is typically considered separate unless the debts are formed to care for children or the marital home.

  3. Legal Separation: This form is closest to a divorce. Legal processes are involved to officially divide assets, make child custody decisions, and to request financial support. Much like permanent separation, legal separation can be an alternative to divorce; however, legal separation is often the first step towards divorce for unhappy couples. Without a legal divorce, it is impossible to remarry since you legally never ended things.

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IL divorce lawyerThe way one looks and acts is crucial throughout the entire divorce process. Not all divorces go so far as a court appearance. Amicable divorces are typically done behind closed doors, with the assistance of attorneys. This is common for those who mutually decide that divorce is right for them and are able to settle the different facets of divorce without a judge’s third-party assistance. Conduct is especially important in cases involving children. If a judge notices that one parent is acting in a way that is unfit for a parent, custody decisions will be affected. Whether or not you are in front of a court or in a private space, your conduct is crucial for getting a “fair trial”.

How Should I Behave During the Divorce Process?

  1. Timeliness is everything: Arriving on time to every legal appointment is key. This is the only concrete evidence that a judge can see that shows reliability and responsibility. This also tells the court that you see this as a priority. Each spouse is compared throughout the legal process so it is important to be on time.

  2. Dress professionally: Spouses should dress in business attire. Not only will you be at the same dress level as your legal team, but this also shows your professional side. It does not matter whether or not you work in a “business attire” setting, but showing that you can dress up when necessary is a clear sign of recognizing priorities.

  3. Keep your emotions in check: Getting divorced is emotionally taxing on both spouses as well as their family and friends. Often times those emotions can come flooding out in the courtroom as your relationship is opened up for others to see. That being said, keeping your emotions under control is very important. Some people will display anger or sadness in the midst of an ending relationship, but both can come off as unprofessional and hysterical, especially in the court.

  4. Be organized and prepared: Legal assistance is necessary for every divorce regardless of the level of friendliness that exists between you both. Sometimes the amiability that exists can be a tactic used to catch your spouse unprepared thus keeping them from receiving proper amounts of alimony or child support. Having a lawyer who is experienced in divorce cases is the best way to protect you from receiving less than you should.

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