Considering a Reconciliation? What You Need to Know First

There are times when couples that begin the process of filing for divorce change their minds. At some point, they may decide to remain together or otherwise begin working toward a reconciliation. As an experienced divorce attorney, we respect the wishes of our clients and support them in their decisions, regardless of where they are in their divorce case or what paperwork has been filed. However, for your own protection, there are some important issues you need to be aware of before putting an end to your divorce.

Forgiving Marital Misconduct

In some situations, a separation or divorce may be initiated based on the marital misconduct of one of the spouses. Under the Illinois Statutes (750 ILCS 5/401), the only grounds for divorce are irreconcilable differences, which basically means you have tried to work through any issues in the marriage but are unable to resolve them. While the law no longer recognizes actions such as adultery, habitual drunkenness, reckless spending habits, or alienation of affection as grounds for divorce, they could impact any resulting divorce settlement.

• If your spouse wasted property or assets, you could be entitled to a larger portion in marital property division proceedings;
• If you have been in a long-term marriage and make considerably less than your spouse, marital misconduct could be a factor in awarding alimony;
• If you allege conduct that exhibits a lack of morals or reckless judgment on the part of your spouse, it could influence child custody awards.

If your spouse has engaged in marital misconduct and you elect to get back together, this implies that you have forgiven the conduct. Known as condonation, it means you can not bring up any of the prior bad behavior if your attempts at reconciliation fail.

Consult With Our Chicago Divorce Attorneys First

If you are considering whether to reconcile with your spouse, Self Growth recommends asking the following questions:

• What is the likelihood that fear of being alone or financial insecurity is motivating me or the other person?
• What are the original issues that caused us to file for divorce?
• Are these or other issues surrounding our breakup being addressed?

Be aware that if it does not work out, you will need to go through another six-month separation before you can refile your divorce case. To discuss your potential options with our Illinois divorce attorneys, reach out and contact the Women’s Divorce & Family Law Group today to request a confidential, free consultation.