How Does a Second Divorce Differ From a First Divorce in Illinois?

 Posted on July 25, 2019 in Divorce

Many married people fear getting divorced, especially if they have been together for a long time or have children. If someone has been divorced once before, the stakes can seem even higher if he or she is contemplating a second divorce. It is often stated that half of the marriages in the United States end in divorce. However, the actual statistic is less than half, with first-time divorce rates decreasing since the 1980s. However, the rate for second marriages to end in divorce is between 67-80 percent. Third marriages end at an even higher rate. Even if someone has gone through a divorce before, it is important to seek legal guidance, because each marriage and divorce is unique. 

The Divorce Process in Illinois

Everyone has their own reasons for deciding to get a divorce, but some common reasons include infidelity, different life goals, unmet expectations, or falling out of love. People sometimes marry after a brief courtship, and they do not have time to discuss important issues involved with marriage, such as career goals or having children. 

When getting a divorce in Illinois, the process will be similar whether it is a first, second, or third divorce. A petition for divorce is filed in the county where the petitioner lives, and the other spouse is served the paperwork by a sheriff or process server. 

If a couple had children during the marriage, then the children’s care will be organized by allocating parental responsibilities with a parenting plan. With a first marriage, it is likely a couple will only have one parenting plan for their biological children. However, when a person is married a second time, and they have children within both marriages, then two separate parenting plans may need to be coordinated. This can mean resolving scheduling issues between two families with two different needs. 

A second marriage may also mean building a relationship with the other spouse’s children. Unless a step-parent has adopted the step-child, they will not have the right to have an ongoing relationship or parenting time with the children following divorce. Decisions about whether to permit a continuing relationship between children and their parent's former spouse would ultimately be the decision of the biological parents. 

Also, in a second marriage, one partner may have credit card or mortgage debt or obligations to pay child support or spousal support, and all of these things may contribute to how the division of assets is handled during that divorce. Prior financial orders from a first marriage may affect how marital property is divided during a second marriage. 

Contact a Schaumburg Divorce Lawyer

Getting a second divorce may feel more like a puzzle than a separation from a spouse. Many variables from a first marriage come into play during a second divorce. An experienced Rolling Meadows dissolution of marriage attorney can help you negotiate marital matters, such as property division, child support, and more. Regardless ov whether you are ending your first, second, or third marriage, each divorce is unique. The law firm of A. Traub & Associates has handled many types of divorce cases, working to reach positive outcomes for our clients. Call 630-426-0196 today to schedule an initial consultation.

Sources:
https://www.getting-unmarried.com/surviving-second-divorce-difficult-first/

https://www.womansday.com/relationships/dating-marriage/advice/a6772/divorce-facts/

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59