Before Divorce, Consider Saving Your Marriage

 Posted on January 20, 2017 in Divorce

Throughout the country, divorce has become a common enough occurrence that many people speak of the process very casually. The seriousness of divorce, as a result, is frequently underestimated. For example, in the 2011 film Crazy Stupid Love, the main character’s work colleagues laugh and celebrate when they discover that he is "merely" getting a divorce and does not have cancer. Such a casual attitude leads many to believe that when a marriage is experiencing problems, it is easy to ask the court to dissolve the relationship. The reality, however, is rather different.

Irreconcilable Differences

According to Illinois law, a judgment of divorce will only be granted on the grounds that "irreconcilable differences have caused the irretrievable breakdown of the marriage." The law goes on to say that the court must also determine that attempts to save the marriage have failed or that future efforts toward reconciliation would be unreasonable and not in the family’s best interests. But, what does that mean?

Attempts at Reconciliation

The law does not include phrases and provisions that are superfluous. Each sentence is included for a reason. The provision regarding attempts at reconciliation is an indication that the law treats marital relationships very seriously and dissolving them is not a casual concern.

In order for you to obtain a divorce judgment, you will generally need to show that you and your spouse have tried to work on your relationship. Depending on the nature of your case, this can be relatively easy. For example, if you and your spouse have attended counseling or mediation sessions, you both could offer testimony to that fact. If the two of you are in agreement regarding the state of your marriage, it is unlikely that you will need to provide extensive proof such as counselor’s notes, payment records, or other evidence. It is most important that you demonstrate that you have made good faith efforts.

Sometimes, efforts of reconciliation are not reasonable. For example, if you are attempting to divorce a partner with a proven history of domestic violence, the court may determine that trying to reconcile is not worth the potential risk. This is where the "best interest of the family" provision is important. In either case, the court must be convinced that future attempts at saving the marriage would be futile.

We Can Help

If you are considering a divorce but have not done anything constructive to save your marriage, you may need to rethink your approach. Contact an experienced Kane County divorce attorney for guidance. We will help you understand the laws regarding divorce in Illinois and answer any questions you may have along the way. Call 630-584-4800 for a free consultation at Goostree Law Group today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=0&SeqStart=3800000&SeqEnd=5300000