Changing Your Mind About Divorce

divorce, Aurora divorce lawyerWe all have second thoughts about tough decisions. In fact, that is exactly what makes them tough decisions. The decision to end your marriage is probably the most difficult one you have ever had to or will have to make. Despite advertisements and promises to make your divorce easy, the reality is that divorce is a major life change that alter a person and a family forever. If you are considering taking steps in that direction, it is absolutely crucial that you give yourself time and space to consider all of your available options before making any final decisions.

What the Law Says

It is often said that half of all American marriages today will end in divorce. While there are many reasons to believe that this number is exaggerated, there is little question that divorce is common. The law in Illinois, however, seems to take the process much more seriously than the general public. The Illinois Marriage and Dissolution of Marriage Act does not promise to dissolve a marriage just because one spouse requests it. Instead, a divorce can only be granted if a court finds that irreconcilable differences have caused the marriage to break down and that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. This means that you and your spouse are expected to do everything you can to save your marriage before you ask the court for a divorce.

You Cannot Take It Back

Another key thing to remember is that, once your divorce is finalized, there is no turning back. If you change your mind along the way and decide to give your marriage another chance, you must do so before the court enters its judgment. A divorce ruling can only be vacated if there is a valid reason to do so, including fraud or misrepresentation of facts by one spouse. A change of heart is not a valid justification for an appeal or a motion to vacate. Technically, you and your now ex-spouse would be free to get remarried to one another, but the terms of the divorce judgment would stand.

Decision-Making Guidance

When you are considering a divorce, there are many resources available to help you make the right choice for your situation. You may wish to consult with a trusted friend, family member, mental health professional, or a spiritual adviser. For answers to your questions regarding the legal aspects of your decision, speak with an experienced DuPage County divorce lawyer. Call 630-409-8184 for an appointment today.

 

Sources:

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

http://www.today.com/health/thinking-about-getting-divorce-ask-yourself-these-6-questions-first-t82331

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