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Is Marital Misconduct a Factor in the Division of Marital Property?

Elgin divorce attorney division of marital propertyDivorce can often come as a terrible shock, especially if you believe that the breakdown of your relationship was not your fault. In many cases, divorcing spouses may believe that they are entitled to a greater share of property if their former partner had caused the marriage to fail. However, couples in Illinois should be aware of how the law deals with the division of marital property during the dissolution of a marriage. 

In Illinois, affairs, adultery, lies, physical or emotional abuse, and being a bad parent – which are all types of marital misconduct – are not considered during the division of marital assets and debts. As unfair as this stipulation may seem (especially if you are the victim of this type of misconduct), it is the law in Illinois. Importantly, however, you are entitled to a fair and equitable division of marital property. 

Marital Property is Subject to a Fair and Equitable Division During Divorce in Illinois

So, you may understandably inquire with no small degree of urgency, what is considered in an Illinois divorce if marital misconduct is not? The answer: a multi-factor criteria, applied proportionately on a case-by-case basis. 

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Do Vacations and Holidays Lead to More Divorces?

Kane County divorce lawyer for irreconcilable differencesJust as soaring temperatures in summer months correlate with increased conflict on a global scale, the season also seems to lead to increased cases of divorce. August, which is often hottest and most humid month, is the time of year when divorce filings peak. But why is this the case?

August and March are Peak Months for Divorce Filings

Researchers at the University of Washington analyzed data about divorce filings to determine the times of the year in which divorces are most common. They suggested a possible reason for the high number of divorce filings in August: unhappy vacations. 

Vacations and holidays are, unfortunately, illuminating of marital fissures that have passed the point of healing. One of the researchers, a professor of sociology, pointed out that vacations often represent a final opportunity for a couple to heal their marriage, allowing them to get away from the residence and daily routines where discontent has been sown and make an attempt to communicate and have fun in a conducive vacation environment.

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