Tag Archives: divorce process

IL divorce lawyerExperts are still saying that divorce rates are continuing to increase during the pandemic. People stuck at home together for months on end, job loss, and a lack of money are all contributing factors to this phenomenon. If you are considering divorce for any reason, below are the steps you will have to follow and what you can expect.

Eligibility for Divorce

Like all states, Illinois has certain requirements. Prior to filing, you must live in Illinois for a minimum of 90 days. You must also file in the county in which you or your spouse currently resides.

Divorce vs. Legal Separation

You may know you want a divorce, or you may choose a legal separation for religious or other reasons. A separation agreement is very similar to a divorce decree, as it will include certain legally-binding terms, such as parenting time, child support, and property division. Unlike a divorce decree, a legal separation does not mean you are divorced which can place limitations on you, such as being unable to get married again.

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IL divorce lawyerMany people understand that if they can resolve their divorce fairly peacefully, it can help expedite their case so they can move forward in their new life. Unfortunately, acting politely and civilly to your spouse is often easier said than done when going through a divorce. Below are some tips on how you can try and reduce the amount of conflict in your divorce so that you do not hurt your case at any time during the process.

Trust the Process

Getting a divorce is extremely emotional, but it is also a legal process and as such, you must follow the specific guidelines and requirements outlined by the law. The timelines that are set out in the law are sometimes frustrating, but it is best to recognize that there is nothing you can do about them. Failing to abide by the law will only hurt your case, so it is crucial that you follow your lawyer’s advice and do your part by submitting the requested documents and other information as quickly as possible.

Do Not Fight Over Everything

It is true that some arguments must be raised during the divorce process, and you should never give in to a term your spouse wants simply because you want the process finished. However, it is just as important that you do not fight over every single term. Arguments will only delay the process and cost you more in the end. Instead, prioritize your goals at the beginning of the process and know which terms you are willing to fight for, and which ones you are willing to compromise on.

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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 lawyerPeople going through a divorce typically want the process over with as soon as possible. Delays in a divorce case are not only stressful, but they are also very costly. Spouses do not want to pay the exorbitant fees associated with a lengthy trial or mediation process, and they usually want to move forward in their new life as soon as possible. If you are going through a divorce, below are some ways to expedite the process so your divorce is finalized as quickly as possible.

Keep Fighting to a Minimum

Fighting with your spouses will always prolong the divorce process. Every time there is a dispute, there are additional court hearings or mediation sessions and all of that takes more time and money. Of course, you do not want to give in on every term just to expedite the divorce, as that could result in you signing some of your rights away. Still, it is important to identify early in the process what is most important to you and what terms you are willing to compromise on with your spouse. This is the surest way to expedite the divorce process.

Collect Documents Quickly

You will need to collect many documents when going through a divorce, including tax returns, school schedules, and banking documents. When working with an attorney during your divorce, they will likely ask for these documents fairly early in the process. When they do, you should submit them as soon as possible. Before handing them over to any other party, an attorney will need to thoroughly review these documents to gain a better understanding of your case. Other times, they will need to make certain calculations based on that information. The sooner you can provide what is requested of you, the sooner your case will be finalized.

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IL divorce lawyerCouples that want to get a divorce but that always want to avoid the lengthy and costly process of going through litigation will often turn to alternative dispute resolution methods, such as collaborative divorce or mediation. Both methods are extremely effective and can help the parties maintain a respectful relationship, which is important, particularly if there are children involved. However, there are differences between these two dispute resolution methods, and couples that are interested in them should know what they are.

Fees

Mediation and collaborative divorce are both less expensive than going through litigation. Of the two, collaborative divorces typically cost a little more than mediation. In a collaborative divorce, both parties are always represented by attorneys, and this is not always the case for couples going through mediation. If the attorneys cannot agree on a certain aspect of the case, such as the value of a business, they may bring experts in, which will increase the costs of a collaborative divorce.

Mediated divorces are typically less expensive, with sessions costing approximately $100 to $200 an hour. The two parties also do not have to hire an attorney, although it is strongly recommended that anyone going through a divorce is represented by legal counsel.

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