How Your Second Divorce May Be Different from Your First Divorce

 Posted on September 05,2016 in Divorce

Following a divorce, many Americans fall in love again and choose to remarry. This is normal. Although many divorced individuals have a few reservations about entering into a second marriage, the desire to spend one's life with a romantic partner often overrides these reservations, resulting in a second marriage and potentially, more children for one or both parties.

One thing that does differentiate second marriages from first marriages is that it is much more common for individuals to sign prenuptial agreements when entering their second marriage. This is for two reasons: often, an individual has more assets when he or she enters his or her second marriage when compared to the assets he or she held at the start of the first marriage, and because many individuals who saw their assets be divided between themselves and their former partners in their first divorce want to avoid having to go through that a second time if they divorce again.

It is actually more common for one's second marriage to end in divorce than their first marriage. This is due to multiple factors, such as the stress of blending two families and the failure to learn from the mistakes of one's first marriage. If you find yourself unhappy in your second marriage and you are considering divorce, know that it will not be exactly like your first divorce for the following reasons:

The Law Has Changed in Illinois

In January 2016, revisions to the Illinois Marriage and Dissolution of Marriage Act went into effect. If your first divorce occurred before 2016, it was carried out according to the old rules. You might have had a fault-based divorce, which you can no longer do in Illinois. You may also have had to abide by a waiting period, which is also not the case with divorces filed today.

Your Financial Obligations Might Be Different

When your first marriage ended, you might have entered a spousal or child support agreement. This agreement might still be in effect at the time of your second divorce and thus may have to be considered when the court determines your new spousal or child support agreement. You are also closer to retirement age when you file for your second divorce, which can have an impact on how these issues are determined.

You Understand the Divorce Process

You have been through the divorce process before, so you have a general idea of what to expect. Although being familiar with the process can make it easier for you, remember that no two divorces are identical. Aside from the new laws that will be applied to your second divorce, there could be other issues present that were not present in your first divorce.

Work with an Experienced Kane County Divorce Attorney

If you are considering filing for divorce, regardless of how many times you have been married, contact our team of experienced Kane County divorce lawyers at the Goostree Law Group to set up your initial legal consultation with our firm.

Sources:

https://www.psychologytoday.com/blog/the-intelligent-divorce/201202/the-high-failure-rate-second-and-third-marriages

http://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=2086&ChapterID=59