Tag Archives: divorce process

Geneva divorce attorneysAfter more than 35 years of practicing divorce law, I began to think of the fundamental question that people should be asking themselves and that is: WHAT KIND OF DIVORCE MAKES MOST PEOPLE HAPPY? 

Divorces become, for many people, one of the unhappiest experiences of their lives. For many people, divorce is akin to the death of a love one, the loss of a business or some other catastrophic event that may happen. However, divorce doesn’t need to be that way. We have found that divorce can be made into an experience that ultimately makes people happy. 

How is this done you may ask. Well, first of all you have to take the approach that you are not there to punish the other side; instead you are there to make an honorable deal that will show respect and compassion for your soon to be ex-spouse. Most importantly, you will make a deal and an arrangement whether it is for the future of your children or for your own and your ex-spouse’s future to enable all of you to have good lives.

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IL divorce lawyerDivorce is a complex, confusing, and exhausting process. If you are getting a divorce, you know how much there is at stake. You likely not only want to settle the case quickly, but also do not want to leave any money on the table once it is finalized. A divorce lawyer will help you navigate the problems the process may present, and help you secure the fairest settlement possible. Below are a few of the ways in which a family lawyer can help with your divorce case.

Property Division Issues

Dividing property is complicated in any divorce case. A lawyer can advise on the equitable distribution laws in the state, and what assets of yours are considered marital or separate property. A lawyer will also discover any debt incurred by your spouse, and help you determine whether or not you are liable for it. If you have been married for a long time, a lawyer can also help determine if you are entitled to a portion of your spouse’s social security benefits or other retirement accounts.

Spousal Support

Many people have the right to ask for spousal support when they are going through a divorce but they do not even know it. A divorce lawyer will review the circumstances in any specific case and determine whether spousal support is appropriate. A lawyer can also help you calculate how much spousal support to ask for, if it is right for your case.

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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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