Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
For many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.
Is Your Divorce Contested or Uncontested?
The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.
When people talk to their friends about the possibility of divorce, they are often encouraged to be the first to file. The reason for this is the purported advantage that petitioners hold during the process – but is this advantage even real, and if so, do you necessarily lose it if you are not the first to file? Learn more about being the first to file for divorce, including when it may be appropriate and how an experienced attorney can guide you through the process.
Is the Advantage Real?
Although there are some circumstances in which one should be the first to file, filing first does not necessarily give one an advantage in the divorce. Both parties are considered equal in the courtroom, and it is factors that dictate decisions made by a judge, not who filed first. For example, filing first may not gain you any extra time with your children in your parenting plan. However, as previously mentioned, there are certain situations in which one really should file first – or, at the very least, the moment they realize that divorce is imminent.
Although litigated divorces may be necessary for some situations, those that are mediated tend to cost divorcing parties less time and money. Mediation can also reduce contention, which is often beneficial for children. What about an attorney, though? Is one still necessary when going through the mediation process, and if so, why? The following sections explain further.
Why Hire a Mediation Lawyer?
Mediations are typically guided by an experienced professional who is at least knowledgeable of the divorce laws in their state. However, this individual must remain unbiased and impartial throughout the entire mediation process, so they cannot give advice. They cannot tell you if your parenting plan is realistic or fair. They cannot tell you if you may be getting shortchanged in your divorce settlement. Quite simply, they can only guide the conversation and encourage compromise that fits within the framework of the law.
Although alimony is far less common than it once was, it is still a factor in divorces today. Under what circumstances is alimony awarded, and how can you tell if you may be entitled to it in your Illinois divorce case? The following information explains, and it provides you with some details on why and how the assistance of an experienced family law attorney can help.
Alimony in an Illinois Divorce
Despite the common misconception, alimony is not awarded in divorce, simply because one asks for it. Instead, there are certain factors that the courts use to determine if a party may be eligible, including:
Of all the reasons that people delay filing for bankruptcy, concerns over credit are the most common. Considering that the long-term impact of bankruptcy on one’s credit rating is one of the most well-known facts about bankruptcy, such fears make sense. However, there are some little-known facts about bankruptcy – some of which may encourage you to reconsider whether bankruptcy may be an appropriate option for your situation. Learn more about the effect that filing for bankruptcy can have on your credit, and discover how an experienced attorney can assist you through the process.
The Effect of Bankruptcy Wanes Over Time
Although it is true that bankruptcy remains on your credit for up to 10 years (the time can vary, depending on which chapter you file under), its impact is strongest immediately after you file. Then, over time, that impact wanes. That makes obtaining new credit easier, and the more credit you obtain and handle responsibly, the more your score may improve.
Although divorcing parties in Illinois are not required to obtain legal assistance, many find that their outcomes are improved with it. Of course, having an attorney during your divorce means you must first choose the one that most closely fits your wants and needs. Learn how to do this, and discover how the specific details of your divorce may impact your decision, with help from the following information.
Consider What Type of a Divorce You Want
Before you hire a divorce lawyer, it is important to know what type of divorce you would like to pursue. More specifically, would your case be better served through mediation, collaborative divorce, or litigation? Each works differently, and the role of your attorney will change, depending on which option seems most appropriate for your situation. Furthermore, the type of attorney you need may change, depending on the preferred divorce course. As an example, parties may want to search for a divorce lawyer with extensive litigation experience if the marriage has a history of domestic violence or asset hiding.
Studies have long indicated that children may be at risk for emotional, development, and behavioral maladjustment after a divorce. However, a lesser known study also suggests that children may also be at risk for academic maladjustment during and after the divorce process. How can parents mitigate against the issue, and what can an experienced divorce lawyer do to help? The following information explains further.
Academic Maladjustment and Divorce
Academic maladjustment – or difficulty in school – can take many forms after divorce. Some children may simply disengage altogether, which can cause a sudden drop in their grades. Others may start to withdraw socially, so they may stop attending extracurricular or after-school activities. Still, there are some who may start to display behavior problems at school, such as outbursts, bullying, or truancy. How a parent deals with this will depend greatly upon the type of maladjustment their child is experiencing, but so can an understanding of the reasons that academic maladjustment may occur during and after divorce.
Although most people are aware that assets are equitably split during an Illinois divorce, few couples stop to think about their debts. However, this too is divided – and it can lead to financial ruin for one or both parties if mishandled. Learn how you can protect your finances during a divorce, and discover how paying off your credit card debt may ease the overall process. You shall also learn what an experienced attorney can do for you.
What No One Tells You About Debt in Divorce
The real problem with debt in divorce is not that it is divided. Instead, it is that the original debtor is still held accountable, regardless of the decree. For example, one party may agree to pay on a joint credit card, but if that party defaults on their payments, both may face legal action from the creditor. The same holds true for other forms of debt, such as student loans, vehicle leases, and mortgages.
Of all the assets that a couple must split in divorce, the family home is typically the most valuable. Parties may also have an emotional attachment to their family home (which makes sense, considering it is the place where families make some of their fondest memories). Sadly, when these two issues are combined, the asset division process becomes exponentially more difficult.
To make matters worse, arguments and disagreements about the fate of the family home can quickly turn even the most amicable divorce into a contentious one. Learn more about your options for the family home in a divorce, including how to determine which one may be most appropriate for your situation, and discover how an experienced divorce lawyer can help.
Examining Your Options
There are three options when it comes to the family home – keep it, sell it, or rent it out. When the house is kept by one spouse, they become responsible for the payments, maintenance, and insurance. The other spouse will then typically receive other assets to ensure they receive their fair share of the marital estate. When the house is sold, the proceeds are typically added to the estate, and each party receives their fair share. Renting the home can be frustrating, and it can complicate the asset division process, but sometimes this is the most favorable option for divorcing couples. For example, if the mortgage is underwater, renting may give the parties income as they wait for the market to improve.
Bankruptcy may be an arduous process, but it can give debtors a clean slate. Unfortunately, if that debtor then fails to make the most of their fresh start, they can find themselves right back where they started. Learn how creating and sticking to a budget can help you avoid this issue after a bankruptcy filing, and discover how an experienced bankruptcy attorney can assist with your case, even after the process is complete.
Start by Tracking Income and Expenses
Most people start a budget by cutting back on all their expenses – everything from entertainment to necessities. Unfortunately, this is not the most effective way to create a budget. Instead, financial experts encourage consumers to spend some time tracking their income and expenses. Start by checking your after-tax income for each pay period over the next two months, then examine bank and credit card statements to determine when and where you are spending money. Each expenditure should then be categorized (i.e. clothing, food, etc.).
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
