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IL family lawyerMost people go into their marriage thinking it will be their one and only time down the aisle. Nobody plans to get a divorce, but statistics show that is exactly what happens to anywhere from 40 to 50 percent of couples who get married. For some people, divorce can come as a shock. However, divorce often does not just happen overnight; it takes months or even years of cumulative unhappiness and disharmony for most people to move toward getting a divorce. If you are unsure of whether or not it is time for a divorce, there are certain signs that you can look for that may mean a divorce is your best option.

Look for These Signs of Divorce

If you have been unhappy or distressed for some time, it may be time to look into how you can better your life and the lives of those around you. For many people who are unhappy with their marriages and have tried every effort to reconcile, a divorce may be the answer. If you are unsure of the right time for a divorce, here are a few of the most common signs that your marriage may be over:

  • You have more bad days than you do good days. Most of your interactions with your spouse should be positive. It is normal for you to fight or argue with your spouse on occasion, but when those fights happen more frequently than positive interactions, you may want to begin to contemplate the idea that your marriage is not going to last forever.
  • You are not content. Think about how you feel. Are you happy with your marriage and your partner? Are there things you wish you could change about your partner? If you are unhappy in your marriage, you do not have to be. You might be happier without this relationship in your life.
  • You do not respect one another. Strong relationships are built on love and respect. If you and your partner do not respect one another, you cannot have a healthy marriage. Couples who lose respect for one another are the same couples who argue or fight constantly and who may even experience physical and/or emotional abuse. If you have lost respect for your spouse, or your spouse has lost respect for you, divorce may be a potential remedy.
  • One (or both) of you has cheated. One of the obvious things that can point toward a divorce is infidelity. Seeking other companionship while you are married is not inherently bad, but doing so without the knowledge or consent of your spouse is when emotions are hurt and feelings of betrayal surface. If there has been infidelity in your marriage, it may be a sign that you and your spouse are no longer meant to be married.

Speak to Our West Chicago, IL Divorce Lawyers Today

There is no “right time” to get a divorce. This varies couple by couple and depends on a multitude of factors. If you feel unhappy or as if your marriage is not working, you should get in touch with a skilled Cook County divorce attorney to discuss your specific situation. At Hensley Sendek Law, LLC, we understand how difficult it can be to admit that you want a divorce, but we are here to help you through the process. To schedule a free consultation, call our office today at 630-358-9029.

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IL family lawyerWhen you get a divorce in Illinois, the state requires you and your spouse to submit a parenting plan for any minor children you may have. The ideal option is to come to an agreement with your spouse about how you will handle child-related issues, like parenting time and decision-making responsibilities. However, if you cannot come to an agreement, the court will be forced to make certain decisions about parenting time and decision-making responsibilities for you.

Elements Considered to Determine Your Child’s “Best Interests”

If the court determines that the judge must make certain decisions for you and your spouse concerning your parenting plan, the judge will do so based upon the best interests of your child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the elements that are involved when making a determination on the child’s best interests include:

  • The child’s wishes, taking into consideration their age and ability to form independent opinions
  • How well the child has been fitting into his or her home, school, and community
  • The mental and physical health of the child and the parents
  • The level of cooperation between the parents
  • The willingness between each parent to help the child maintain a close relationship with the other parent
  • The child’s needs
  • The wishes of each parent
  • Whether or not there has been a history or threat of physical violence or abuse to the child or another member of the child’s household
  • The quality of the relationship between the child and their parents and other members of his or her family
  • The willingness of each parent to put the child’s needs ahead of their own

In many cases involving contested child issues, a guardian ad litem is assigned to the case to help the judge understand the above elements as they pertain to the individual child’s case. The guardian ad litem acts as the child’s representation in hearings and will conduct his or her own research to determine what the child’s best interests are. Once they have completed gathering information, they prepare a report that they then share with the court. The judge does not have to go with the recommendation of the guardian ad litem, but they usually do.

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