Many marriages in Illinois are ended either directly or indirectly through infidelity. When a spouse finds out their partner is cheating on them, they may feel an entire range of emotions, from surprise and anger to betrayal and confusion. One common question that spouses who have been cheated on have for their attorneys is whether they can pursue legal action against their cheating spouse or the spouse’s new partner. 

In previous years, the answer was yes. Illinois used to allow jilted spouses to pursue something known as “heartbalm torts”. Essentially, these were civil claims allowing a spouse to sue a third party for damages caused by infidelity. But in 2015, Illinois abolished these so-called “heartbalm torts.” However, if your partner’s infidelity contributed to the loss of marital funds before the divorce, or suggests they may be unfit for parental responsibilities, you may still be able to take action. 

Dissipation of Marital Assets

When one spouse uses marital assets for their own interests while the marriage is irretrievably breaking down, this may constitute a behavior known as “dissipation of marital assets.” Dissipation can occur after a couple has filed after divorce, but it can also happen when a marriage begins to permanently break down. 

Most divorced couples never want to see the inside of an Illinois courtroom again. But life changes over time, and the circumstances that necessitated certain arrangements in a divorce decree may no longer apply. If you are divorced and have recently experienced a significant change in your circumstances, you may want to petition an Illinois court for a divorce decree modification. Modifications are only approved in specific circumstances; for more information about whether you may be able to request a modification, read on. 

When Can a Divorce Decree Be Modified in DuPage County? 

A divorce decree usually permanently settles all the issues in a divorce. Property division, child custody arrangements, and spousal support are all described in detail in a divorce decree and courts will not usually modify the terms unless certain requirements are met. 

Immediately following a divorce, a decree may only be modified if a spouse believes the divorce court committed an error of fact-finding or applying the law. A spouse may not petition an appellate court for a review simply because they believe the divorce decree to be unfair. But if one spouse lied about income or failed to disclose marital assets, an appeal can be filed in the appropriate appellate court for up to 30 days following the divorce. Absent an error by the divorce court, divorce decrees may only be modified when an individual has experienced a substantial change in circumstances. 

Divorce is notorious for being difficult to afford, yet people on tight budgets finalize their Illinois divorces every day. While the services of a great attorney are rarely free, there is no reason that financial restraints should force anyone to stay in a terrible relationship. If you are considering divorce in Illinois and are wondering if you can afford it, here are five tips for making divorce more affordable. 

Use a Mediator

One of the things that can make divorce more expensive is a long, drawn-out negotiation period. When spouses cannot agree on important issues like parenting time and asset division, a trained mediator can help them meet, prioritize, and stay focused on problem-solving without letting personal issues get in the way. Although it may seem counter-intuitive, paying for a mediator early in your divorce can help you save a lot of money in the long run. 

Ask Your Spouse for Interim Spousal Maintenance

While your divorce is ongoing, you may be able to successfully petition the court for financial support during the divorce. Illinois judges will often grant interim spousal maintenance so stay-at-home parents without an income can still afford to get divorced. You may also be able to request that your spouse pay for your attorney fees, but you will have to prove that you cannot afford an attorney yourself and there is no guarantee that your request will be approved. 

Nobody gets married planning to get divorced, yet the statistics on how many marriages ultimately end are widely known. The truth is, even with the best of hopes, people grow apart, life throws unexpected curveballs at all of us, and the things we want can change over time. 

Married couples tend to go through similar life stages, and certain major changes frequently trigger divorce. Difficulty adjusting to a new reality, a shift in perspective, or a realization that a couple no longer shares priorities or common goals can all put enormous stress on a marriage. Here are five significant life events that may lead to or contribute to divorce. 

Childbirth 

While most first-time parents look forward to the birth of their first child, infants bring with them many new stressors and a serious lack of sleep. As a result, relationship satisfaction tends to plummet with very young children. A couple’s difficulties tend to become exacerbated rather than healed. Sometimes, this can lead to a permanent breakdown in the relationship. 

For most couples, determining which assets are marital property and which are individual property is fairly straightforward. Many couples own a house, a couple of cars, and shared bank accounts, all of which are probably marital property. However, for some couples–especially those with high net worth, family inheritance, or inadequate prenuptial agreements–questions about which assets are marital property can become very contentious. 

This process is complicated by the fact that some spouses will try to claim property they know is not theirs, or hide property that is technically marital property to try to enhance their financial position after a divorce. If you are in this situation and want to ensure you get a fair division of marital property, an experienced Illinois divorce attorney with the assistance of a professional forensic accountant may be able to help you. 

Asset Tracing

When a couple buys a home together, that asset’s history is usually very simple and there is a paper trail to prove it. Joint signatures on a loan agreement, payments recorded on bank statements, or a title in both spouses’ names makes it easy to track, or “trace,” the asset’s history.