Tag Archives: divorce issues

IL divorce lawyerEven the simplest divorce cases have the potential to become stressful and drawn out. Certain factors though, can exacerbate this process and complicate a divorce case. When these factors are involved, the divorce process not only becomes more costly, but also more stressful and will take more time. People going through the process cannot always control these factors and that can make a divorce even more stressful. An experienced divorce lawyer can advise on these factors, and take some of the complications out of the process.

When Your Spouse Does Not Want a Divorce

Illinois is a no-fault divorce state, which means that you and your spouse do not need to agree to a divorce. If you want a divorce, you must only file a complaint with the family courts. Within your complaint, you must only state that there has been a breakdown in the marital relationship and that there is no chance of reconciliation.

However, while the law allows you to get a divorce regardless of whether your spouse agrees, it can make the process more complex if your spouse does not agree. They may try to intentionally make the process more difficult, or they may try to draw out the process in the hopes that you will change your mind. Regardless of their actions, you can still get a divorce but it will be more expensive and more complex.

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IL divorce lawyerSame-sex marriages have been legal for nearly a decade in Illinois, meaning that some of those couples will also face the issues of divorce. Same-sex couples that need to get a divorce will still have to resolve the common issues of divorce, including property division, spousal maintenance, and perhaps even child support. However, same-sex divorces also raise some unique issues that are not present in other cases. An Illinois divorce lawyer can help any person going through a divorce sort through these issues, and give them the best chance of securing a positive outcome in their case.

Are Same-Sex Divorces Legal?

Once same-sex marriages became legal, same-sex divorces also became legal, as these couples have the potential for divorcing just like any other. However, same-sex couples will still have to meet all of the requirements for divorce in the state. Firstly, the couple must be married. Simply living together or being together for a long period of time is not enough to get an official divorce. Individuals that want to file for divorce must also meet the residency requirement, meaning that they must have lived in the state for 90 consecutive days before filing.

What Are the Unique Issues Pertaining to Same-Sex Divorces?

Although same-sex couples will have to resolve many of the terms associated with other divorces, these cases do have some unique issues. One of these is that a couple’s relationship may have begun long before same-sex marriages became legal in the state. They may have acquired property together that would usually be considered marital property, but because the couple was not technically married at the time, it is considered separate property.

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IL divorce lawyerEven when a divorce is mutual, the two people involved can become adversarial towards each other. Things can quickly change during a divorce case, and one side may start acting purely out of anger and frustration. When this is the case, it is important that you protect yourself by properly communicating with your spouse. This can prevent something as simple as a conversation from becoming used as evidence against you in your case.

Text and Email Whenever Possible

Using text and email during a divorce case can provide you with valuable evidence. These forms of communication will verify that you and your spouse have come to an agreement on a certain issue, or they can prove that the other side is abusive. Many people think that communicating by text or email is less personal, but this is exactly what helps keep hurt feelings out of conversations.

Do Not Always Reply Right Away

The other benefit of communicating by text or email is that you do not have to respond right away. During a divorce, something is bound to be said in the heat of the moment, particularly when discussing contentious terms such as child custody. Taking some time to cool off and think about how you should reply can be very beneficial, and help you get what you want in the end.

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IL divorce lawyerThe word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time.

Complex Property Division Issues

Property division is a complex issue in any divorce, but the matter becomes particularly complicated when the couple has been married for a long time. Property division relies on dividing marital property between separate property, and this is difficult after a long marriage. Over time, a couple’s separate property is likely to become commingled in joint bank accounts, meaning it may be subject to property division rules, even though it is separate property.

Other property division matters also become more complicated when a couple has been married for a long time. For example, both spouses may have accumulated savings in retirement accounts, and these must also be divided. If the spouses have an estate plan, it is also important to change these, as it is likely that the spouses named each other as beneficiaries.

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Il divorce lawyerGetting a divorce is a stressful and confusing time. Without knowing what to expect, you could end up in a lengthy court battle, and spend way more than you have to. If you are considering divorce, or the process has already started, check out the eight tips below that can help you get through it.

Forget Fault

Illinois is a no-fault divorce state, which means neither of you has to prove drunkenness, infidelity, or any other type of fault. If possible, it is important not to focus on who was at fault, as this can lengthen the divorce and will make the process more challenging and stressful.

Agree Whenever Possible

No one expects anyone going through a divorce to be agreeable all of the time. However, it is important to know which battles to fight, and which ones to avoid. Determine what is most important to you and hold firm on those terms while compromising on the rest.

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