Belleville Family Law Blog

It's hard to admit sometimes when a marriage has neared its end. People's feelings can change, and the practicalities of living together or raising children under the same roof may change as well. Illinois law allows for spouses to divorce with or without the full cooperation of the other spouse. But, in some cases, divorce is not the right legal choice.

• How can a person end a marriage without divorce?

The main reason that divorce is not the proper way to dissolve a legal marriage is if a marriage was not legal in the first place. There are a few circumstances in which someone was not legally permitted under Illinois law to wed, and the spouses in those situations do not need to file for divorce.

• What are the circumstances that could invalidate a marriage?

What happens when parents feel the need to divorce? Even if the finances and properties are well sorted out, there will be emotional consequences that can last a lifetime. Before you say that it's not affecting you as a divorcing parent, think about the child who has no choice in the matter and will have to learn to accept the custody determination.

No one thinks they will ever end up there when a marriage begins, but divorce court is the destination for around half of the newlyweds in the United States. Second and third marriages are even more likely to collapse before one spouse dies. But the main question for caring parents about to go through a divorce is "what happens to the kids?"

• What is different about a divorce with children in Illinois?

All the usual requirements for a divorce in the Prairie State apply, such as at least one spouse's residence in the state for 90 days or more. Plans for child support, or maintenance, are one of the early differences in the process.

• How are child support and other issues decided in an Illinois court?

Divorce will impact your life in many ways. While it's easy to focus on the personal changes that you're going through, your finances require just as much attention.

Here are several things you can do to protect your finances during divorce:

• Open separate bank accounts: Gone are the days of sharing a bank account with your spouse. Now, it's important to have your own accounts, as you don't want to co-mingle your money. The second you decide to divorce is the second you should open your own bank accounts.
• Close joint credit cards: If you neglect to do this, your soon-to-be ex-spouse could run up a large balance, putting you on the hook for some of the debt. Closing the account takes this risk out of the equation.
• Review your credit report: This will give you a clear idea of where things stand in regard to your finances, which is important when it comes to opening a new credit card account, renting an apartment or buying a vehicle.
• Keep copies of important financial documents: This can include but is not limited to bank account statements, retirement account statements, life insurance policies and tax returns. You'll need these documents during the divorce process. They may also come in handy in the future.