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Illinois, like almost every other US state is a "no fault" state --- meaning, your romantic or sexual history or future will not color the division of property or allocation of parental responsibility, as long as you are aware of and heed these warnings:1.Spending on your new significant other One of the first items seasoned divorce attorneys examine during a divorce is how money is spent on a new significant other or just a fun fling.Below are some general considerations for how to introduce a new significant relationship to your children.This is not an exhaustive list and cannot cover all the possible variables that may be true about your life.While this is not typical for every case, the child custody cases that have a lot of acrimony do result in such unfortunate hyperbole.This is why you may want to be careful who you date and who you get serious about during a divorce.Until the final Judgment of Dissolution of Marriage is entered, how you spend your money on a new or established romantic interest will be scrutinized during divorce proceedings. Your former spouse has a significant financial interest in monitoring how you approach or proceed with a romantic interest and as set forth above, not only are you opening up prolonged litigation during divorce proceedings in awarding maintenance under these circumstances, you are inviting post-Judgment litigation to terminate maintenance after the divorce.Being separated from your spouse does not prevent such spending from being considered dissipation – even if you are spending your own stream of income. Such spending will be identified during the ubiquitous discovery proceedings and may cost you extra attorneys’ fees -- and possibly payment of your spouse's fees and costs -- as extra time is spent identifying with specificity the property dissipated so that it is returned to the marital estate. Moreover, your romantic interest is open to all the scrutiny (and more), as discussed above in Paragraph 1.
In this article, we will discuss the main points of impact that may occur and present some tips which will help you avoid problems with your divorce case.Referred to legally as "dissipation," and more fully analyzed by Katz & Stefani attorney J.Matthew Linstroth (see K&S Blog Post, March 17, 2016), is defined as spending money from the marital estate by one spouse for a purpose unrelated to the marriage --- commonly spent on an individual who is not your spouse.It was not an easy decision to leave and change the life your children grew up with.There have been many logistical issues and emotions to deal with as you have organized new living arrangements. They may worry that, if their parents can stop loving each other, then how hard would it be for either parent to stop loving them?