Deciding to divorce your spouse can be agonizing, especially if you have been married for a long time. However, sometimes divorce is the ideal option for couples to maintain their well-being, albeit mentally, emotionally, physically, or financially. Knowing how to tell your spouse you want a divorce in Illinois can be complex, so consulting with a lawyer to help you may provide some relief.
At Vahey Law & Mediation, LLC, we have a long history of helping clients navigate the turbulent waters of divorce. We are equipped to handle a range of divorces, whether they are contentious or amicable, and we can guide you through the process of making decisions related to property division, spousal support, child support, and child custody.
Illinois has a relatively low divorce rate compared to other states, with a rate of 1.1 for every 1,000 people in 2022. It is also a no-fault divorce state, meaning that neither party has to prove any wrongdoing to petition for divorce beyond irreconcilable differences per Illinois Compiled Statutes 750 Section 401. However, there are some stipulations that must be met before the divorce decree can be granted, and they include:
You may have tried everything to make your marriage work, or you and your spouse may have simply grown apart. However, how do you broach the topic of divorce? Since each couple is different, it is difficult to convey the exact words to use when bringing up divorce. However, there are certain ways to approach the topic to yield the most positive results. Here are things to consider when it is time to tell your spouse you want a divorce:
A: Before you tell your spouse you want a divorce, you may want to consult with a lawyer or other trusted individual. Your lawyer can offer advice about how to approach the subject to create an environment conducive to agreeing on important issues like child custody or property division. It may also be wise to write down what you want to say beforehand to ensure your point is conveyed clearly.
A: It is difficult to explicitly pinpoint when it is time to divorce, though there are certain situations where divorce may be the optimal choice. For example, if there is infidelity, domestic violence or abuse, a lack of communication, or disagreements on nonnegotiable issues, it may be time to consult with a divorce lawyer. Generally, if you have irreconcilable differences of any sort, divorce may be a suitable option for all involved.
A: There are many ways to separate finances before divorce, but it is most important to consider what is marital property and non-marital property. Marital property in Illinois is divided according to equitable distribution laws, which means it is divided fairly according to the court’s discretion, but not necessarily 50/50. However, these laws do not apply to non-marital property or property owned prior to the marriage.
A: It may be hard to accept a divorce when you don’t want it, but if your spouse can cite irreconcilable differences, you may not have a choice. However, there are certain things you can do to accept the divorce, such as being vulnerable about your feelings, being honest about the marriage, including its flaws, seeking out a support system, and eventually fostering a healthy relationship with your former spouse, especially if you have children.
There are many ways to divorce in Illinois, but none of them are necessarily easy. Further, it can be just as difficult to bring up the topic of divorce in the first place. For this reason, the lawyers at Vahey Law & Mediation, LLC are there to support you from the initial conversation to the divorce finalization. Contact us today for a consultation and learn how we can help you with your case.
