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Kane County divorce lawyerAlthough Illinois is considered a no-fault divorce state, there is no doubt that infidelity and other extramarital affairs can be the root cause of a failed marriage. Cheating in a marriage can cause lasting damage to a relationship, often leading to divorce. However, unfaithfulness cannot be used to negotiate a more favorable divorce plan for one spouse over another. The court will see infidelity as a mutual disagreement between partners, not as a way to blame a cheating spouse. However, infidelity can still affect a divorce in a few ways. 

Understanding Irreconcilable Differences 

“Irreconcilable differences” is the legal term used in no-fault divorce states to express that a marriage is beyond repair. The term irreconcilable differences is meant to blame both partners equally, hence the term no-fault divorce. Essentially, this means that both partners have had substantial enough disagreements throughout the marriage that renders the relationship unfixable. 

Irreconcilable differences in a no-fault divorce state allow the court to emphasize an equitable division of shared marital property. No matter the reason for divorce, both parties will have their property split fairly and equitably. However, infidelity can still affect the divorce process in other ways. 

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Illinois family law attorneysA divorce can be unsettling for all family members, especially for children. Parents may worry that changes following a divorce can lead to lasting emotional trauma for their kids. Many lifestyle changes can confuse young children, and it is essential for parents to try to provide stability during the divorce process and after the marriage has been dissolved. Parents looking to provide stability and maintain a successful routine for their children post-divorce should encourage a structured routine, communicate about co-parenting rules, and encourage open dialogue with their kids. 

Stick to a Structured Routine

According to Head Start, the Early Childhood Learning and Knowledge Center, everyday activities and routines can comfort children during uncertain times. As parents make decisions regarding child custody, living situations, and division of parenting time, children may feel worried that they are losing quality time with one parent over another or fear the loss of familiar family routines. Ways to incorporate familiar activities into children's lives during the divorce process include:

  • Sticking to the typical morning or nighttime routine
  • Continuing parent-child dates
  • Allowing the child to stay in the same school following the divorce 
  • Keeping siblings together following the divorce 
  • Allowing the parent with the majority of parenting time to remain in the family home 

Another fundamental way to incorporate structure and routine for children following a divorce is to integrate new practices that promote stability in the new family structure. For example, a parent should stick to a new morning routine for children who have been uprooted during a divorce to encourage familiarity and give the children a sense of comfort and control.

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St. Charles divorce attorneyWhen couples find themselves fighting and preparing for a divorce, one spouse may choose to leave home. In Illinois, the family home will usually be considered joint marital property, meaning it—or it’s value—will be considered and divided between the spouses during the divorce judgment. However, in some highly volatile cases, one spouse might pose a severe threat to the other family members. Even though a shared house may be joint property and subject to being divided equitably in a no-fault divorce state, there are ways for spouses to remove a partner from the family home when necessary.

Illinois Petition for Exclusive Possession

The governing law that dictates marriage dissolution and the divorce process in Illinois is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). A petition for exclusive possession of the shared property is detailed for certain circumstances within this act. If a spouse felt that their partner posed a serious threat by staying in the home, they could file for exclusive possession and legally force their partner out of the house. To meet these criteria, a spouse would have to prove to the court that their partner poses a legitimate threat to the physical, mental, or emotional health of the other individuals living in the home. 

Within the IMDMA, the law states that if there is a complaint from a spouse indicating that they wish to have a temporary eviction of their partner, the court can grant that temporary eviction until the final judgment on who will retain the residence after the divorce.

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Kane County divorce lawyerLies during the divorce process can seriously impact an individual's future and the outcome of their divorce. Exaggerating or falsifying legal documents during your divorce is a crime, leading to severe repercussions. Divorce attorneys can hire forensic accountants and other skilled specialists to look into a bank account and determine if there are hidden assets or falsified financial information. Here are common ways divorce documents are falsified and how hidden information can affect the outcome of your divorce.

Common Ways Divorce Documents are Falsified 

Perjury is commonly portrayed as lying during testimony on the witness stand, but there are other ways to perjure yourself in the court of law. Another common form of perjury occurs through falsifying court documents. Partners often lie in divorce cases to withhold shared assets or hide finances. In the case of divorce, perjury can be split into two main categories — direct and indirect acts. Direct acts of perjury include an individual explicitly lying. For example, a spouse claims they do not own any property besides the marital home, but there is a deed for another property with their name on it. Indirect perjury includes not sharing the entire truth. This form of perjury can look like undervaluing an asset to hide money. For example, a spouse values their business at $100,000, but an appraisal shows the company was worth $200,000.

Hiding assets is common for spouses to falsify information for personal gain in a divorce. Individuals may hide assets by:

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Kane County divorce lawyerMany lifestyle changes occur following a divorce, from living arrangements to property division. If you recently completed a divorce, you may have questions regarding how this significant change affects different areas of your life, including how to file for taxes as a single individual. Tax considerations are often addressed directly in the divorce decree before entirely dissolving the marriage. However, individuals may still have questions regarding how to make tax filing changes or how a divorce will affect their tax refund at the end of the year. 

Filing Taxes Separately 

Whether or not a couple in the process of getting divorced can file their taxes jointly depends entirely on when the divorce is finalized. Suppose the spouses are still legally married before the last day of the year, December 31. In that case, the Internal Revenue Service (IRS) still recognizes the individuals as a legally married couple, and they have the option to file taxes jointly. Once the divorce is finalized, the IRS will require that taxes be filed separately for that tax year. 

You can amend your tax filing status by filling out a 1040-X form. Often, divorced couples will have changes in their total income or child custody arrangements. For example, individuals who now have sole custody of their dependent children must update this on their tax status. Similarly, if you no longer have full custody of your children, you must also document this in your tax file. It is crucial to make these modifications if there has been a change in:

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