Be Sure Before You File for Divorce

 Posted on February 23, 2017 in Divorce

When you are going through a rough patch in your marriage, it can be easy to start thinking about what life could be like if you were single again. The stresses and challenges of married life may vary from couple to couple, and for some, the struggles simply become too much. Divorce has become increasingly common in Western culture over the last few decades, and the stigma that was once associated with ending a marriage has all but evaporated. Despite changing attitudes, divorce is still a major decision and a life-changing event, so the decision to divorce your spouse should not be taken lightly.

No Hope for Repairing the Marriage

According to the Illinois Marriage and Dissolution of Marriage Act, a divorce shall be granted to a couple when “irreconcilable differences have caused the irretrievable breakdown of the marriage.” While most people focus on their “irreconcilable differences,” the court must also find that the marriage cannot be saved. In doing so, the court may consider efforts already made by the spouses—such as marital counseling or couple’s therapy—or possible future attempts. If the court determines that reconciliation is not possible or practical, the divorce may proceed.

In most cases, the court will accept the testimony of the spouses regarding the quality of the relationship and efforts at reconciliation. When both parties are in agreement that a divorce is the best option, such considerations are rather easy. If you and your spouse do not agree, however, a six-month period of living separate and apart will be considered irrebuttable proof that the marriage has irretrievably broken down.

Changing Your Mind

On occasion, an angry spouse will file a petition for divorce during a particularly emotional time. He or she may feel that ending the marriage is the best choice, only to later calm down and realize that he or she has made a mistake. If this has happened to you, it is important to address the matter before a judgment is issued. Withdrawing your petition may be a little embarrassing, but once the divorce is finalized, it is too late to change your mind. The court will not vacate or set aside a divorce decree because you and your spouse decided to give your marriage another chance. These efforts should be exhausted before you ever file for a divorce.

We Can Help

If you are considering a divorce but are unsure of taking the next step, contact an experienced DuPage County divorce attorney. We will discuss your circumstances with you and help you decide if filing for divorce is the best option for your situation. Call 630-352-2240 for a free consultation at Pesce Law Group, P.C. today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

http://info.legalzoom.com/stop-divorce-after-papers-filed-20700.html