Dating before divorce in illinois

If you are considering an Illinois separation or divorce and have questions regarding child custody and support, visitation, property division, alimony or others, contact the Law Offices of Ronald L.

Living with a new love interest Under Illinois law, maintenance (commonly and formerly known as alimony) will be severed if the following conditions are met: (1) the death of either party; (2) the remarriage of the party receiving maintenance; or (3) if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis. Be wary: “co-habitation” is not solely defined as moving in together with your romantic interest. Don't make it harder for them by forcing a new person into their lives.

While there is plenty of conflicting case law addressing this controversial but settled principal of law, there are certain factors a court will generally consider in determining if co-habitation exists: (1) the length of the relationship; (2) the amount of time the couple spends together; (3) the nature of activities engaged in; (4) the interrelation of their personal affairs (such as co-mingling money); (5) whether they vacation together; and (6) whether they spend holidays together. And never have them witness a revolving door—a string of boyfriends/girlfriends coming in and out of your life (and thiers). For this reason, attorneys often insert what is loosely referred to in the legal world as "morality clauses" into final judgments.

You could easily get stuck with a spouse’s credit card excursion or be left out of a windfall of earnings based on the effective date of permanent separation.

With this in mind, it may be advisable to proceed to a legal separation to protect yourself from a possible property dispute.

Courts enforce the children's best interest above what you may perceive as harmless fun.

If challenged, courts will not look kindly upon this sort of "fun." And it may cost you dearly, not only as to the control of decision making for your minor child (parental allocation), but also as to living arrangements and parenting time with the kids (allocation of parenting time) along with its impact on child support. Protect yourself Whether newly separated or recently divorced, the dissolution of marriage leaves most people extremely vulnerable. Your romantic interest may truly be there for you as your cheerleader and support, but he or she could also be taking advantage of you during a weak period in your life.

Unless that income comes from a non-marital source, a narrowly defined area of the law and one that warrants its own post(s), that money is marital and considered dissipation under Illinois law. improperly used for the sole benefit of one spouse, for a purpose unrelated to the marriage, at a time when the marriage is undergoing an irreconcilable breakdown.” See In re Marriage of O’Neill, 138 Ill. If you believe you can hide such dissipation, be forewarned: attorneys have mechanisms, such as subpoenas at their disposal, which are essentially court orders to entities to release all documents in which a spouse in divorce proceedings has an interest. Go slowly and carefully with your treatment of new or established relationships.

In addition, counsel for your spouse will likely depose you or examine you in court under oath, and may also question your romantic interest if relevant, all under the gaze of strangers and your spouse. Not only do you need to return the money and property to the marital estate, you may risk additional sanctions and you have just wasted additional time and attorneys' fees -- not to mention risking your new relationship as these third parties DO NOT want to be dragged into your divorce.2. And consider having your attorney negotiate this terminating event out of the final settlement if possible to avoid the headache of post-decree surveillance and litigation. Putting your children in an uncomfortable situation Children appear resilient, but for many kids, appearing resilient is a mask to guard themselves -- and often you -- from the uncomfortable feelings that accompany the dissolution of their parents' marriage.

Although difficult to enforce, these clauses nonetheless create guidelines regarding the introduction of your romantic interest to minor children -- usually by requiring a period of six months of monogamous dating -- and often stipulate that your ex-spouse may meet this individual prior to the actual introduction.

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