September 19, 2023
Negative emotions are a normal part of life, and negative emotions about your spouse are a normal part of marriage. Chicago’s own Michelle Obama once said in an interview that 20 of her 30 years of marriage to Barack Obama had been happy ones. Some would argue that marriage vows to stay together for better or worse are valid forever, while others would say that life is too short to stay in a marriage that makes you unhappy. Illinois law does not have a set of rules about when you should divorce and when you should stay married to your spouse. The decision is yours to make, but before you file for divorce, you should talk things over with a Chicago divorce lawyer.
Even people who believe that almost all marital conflicts can be resolved draw the line at physical abuse. If your spouse has been physically violent toward you or your children, even if the abuse has not yet caused serious physical injuries, it is time to talk to a family law attorney or a community resource center for survivors of domestic violence.
If you fear judgment from your in-laws or your community about taking your children away from your spouse or sending your spouse to jail, put things in perspective. The cases where the court completely deprives a parent of parenting time are very rare, and the loss of parenting time is almost always temporary. Even if a protective order prohibits you and your spouse from interacting directly with each other, the children still have the right to a relationship with both parents. Likewise, most divorce and child custody cases that involve allegations of domestic violence do not result in criminal convictions. The criminal court cannot convict someone of a crime unless the prosecution convinces a jury beyond a reasonable doubt that the defendant is guilty.
The breakdown of trust is a contributing factor in many divorce cases. People decide to divorce after their spouse tells too many lies about money or carries on too close a friendship with someone else and does not want the other spouse to know about it. It is up to you to decide whether you can rebuild trust in your marriage.
Illinois is a no-fault divorce state. This means that if you file for divorce, the court will dissolve your marriage simply because you and your spouse no longer want to be married to each other. You do not have to prove that your spouse is at fault for ruining your marriage. No matter what led to your divorce, the court will divide your marital property in a way that it determines is fair to both spouses.
A Chicago family law attorney can help you make informed decisions about filing for divorce. Contact Women’s Divorce & Family Law Group in Chicago, Illinois, to discuss your case.