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Save my name,and website in this browser for the next time I comment. The wisdom of dating during a divorce in Illinois is debatable. If you or your spouse are actively dating other people while unwinding your relationship through an Illinois divorce there are things both parties to an Illinois divorce need to know. The United States Supreme Court has already ruled that Americans can do what they want in the privacy of their own bedroom, Lawrence v. Texas, U. In Illinois, you are married until you are divorced. That means that any money spent on a date is probably marital money.
These obvious non-marital expenses can include: restaurant meals, hotel staystripsjewelrylingerie, plastic surgery and Viagra prescriptions. Once the notice of intent to claim dissipation of assets is filed, the alleged dissipater has the burden of proving that he or she did not in fact spend the money on a boyfriend or girlfriend. In re Marriage of Toole, Ill. In Illinois, testimony alone is usually still not enough to prove that the spent money was not dissipation. So, once accused of dissipating assets because of dating in Illinois, the accused dissipater must prove what money was, in fact, spent on the dates.
This is awkward at best and cumbersome at worst. For example, Fred and Wilma are getting divorced in Illinois. The lesser earning spouse can request maintenance formerly known as alimony from the greater earning spouse during the divorce through a motion for temporary maintenance.
Maintenance can be terminated permanently due to cohabitation even before the couple is actually divorced. Marriage of Toole, In re, N. Dating is not cohabitation for the purposes of terminating maintenance in Illinois, though.
Proving cohabitation in order to terminate maintenance requires a totality of the circumstances test to look for a marriage-like relationship. Miller, IL App 2d Ill. One of the biggest impacts dating has on an Illinois divorce is how the children of the married person react to their parent dating.
That means that the presumption is that married parents make good decisions in the best interests of their children. In my experience, introduction of a new partner to children is not to be taken lightly by an Illinois divorce court but that introduction is also not the end of the world. The party to a divorce wishing to delay the introduction of a new partner can point to this Illinois statute:. The Illinois legislature contemplates children spending time with third parties who are relatives but the statute specifically left out non-relatives. A person who is merely dating a parent is not a step-parent.
So, if introducing a new partner to children is not allowed by the Illinois statute, you can argue to an Illinois divorce judge that introducing a new partner to children is probably forbidden…or at least needs permission from the court. Such orders may include. This is not good relationship modeling for the children. The way to prevent numerous girlfriends and boyfriends confusing your children is to ask for a paramour clause in your Allocation of Parenting Time and Parenting Responsibilities.
A paramour clause typically says that each parent must wait X months to introduce children to a new boyfriend or girlfriend and Y months until that girlfriend or boyfriend can sleep over wherever the children are also sleeping over. Technically, this is good advice in regards to the Illinois legal system.
Almost everyone starts dating again and gets remarried. A new partner can help get you through a difficult divorce. Alternatively, your spouse dating may be the best thing that ever happened to your divorce. No one wants your spouse to get divorced faster than the person they are dating.
This person will actively encourage your spouse to settle and concede on issues to hurry along your Illinois divorce. Russell Knight Russell D. Knight has been practicing family law as a Chicago divorce lawyer since Russell D. More about This Topic. Exact matches only. Search in title. Search in content. Search in excerpt. Recent Articles. Leave a Comment Cancel Reply Comment Name required will not be published required Website Save my name,and website in this browser for the next time I comment.
Dating During Divorce In Illinois. Russell Knight June 13, Dating and Alimony During An Illinois Divorce The lesser earning spouse can request maintenance formerly known as alimony from the greater earning spouse during the divorce through a motion for temporary maintenance. Dating During Divorce And Children One of the biggest impacts dating has on an Illinois divorce is how the children of the married person react to their parent dating.
Such orders may include; … restricting the presence of specific persons while a parent is exercising parenting time with the .Dating during a divorce in illinois
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Can You Date Someone While Going Through a Divorce?