Tag Archives: DuPage County divorce lawyer

IL divorce lawyerIt is true that divorce is declining across the United States, but the rates of gray divorce are increasing. Gray divorces are those that occur when a person is over the age of 50. When considering divorce as a person gets older, many think that it is going to be simpler. After all, there often are not issues such as child custody or child support to consider.

However, there are other issues to think about in gray divorce, and these issues do not come up with other types of divorces. Two main issues, in fact, are more present in gray divorces than any other. Those factors are spousal maintenance and retirement accounts.

Spousal Maintenance

Many divorces in Illinois do not involve alimony or, as the state refers to it, spousal maintenance. Maintenance is typically only awarded when the divorce is going to leave one spouse at a significant financial disadvantage. For example, if one parent stays at home to raise the children while the other advances their career, the courts will likely award the stay-at-home parent spousal maintenance so the stay-at-home parent is not left in financial hardship after the divorce. When maintenance is awarded under these circumstances, it is typically just temporary.

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IL family lawyerEveryone wishes divorce could go smoother and without the headaches and expenses that so often come with the territory. For most, however, the process simply is unpleasant. Nevertheless, there are a number of things that divorcing couples can do well in advance of court to ensure the best chance of a quick and relatively smooth transition. One of the first steps should always be to schedule an appointment with a local Hinsdale family law attorney to weigh your options and get early advice. Beyond that, here are four tips for planning a successful divorce.

#1 Gather Your Paperwork

Long before either party files a petition for dissolution of marriage and far prior to any court hearing, you should consider how difficult it may be later to obtain copies of things like:

  • Your spouse’s paystubs
  • Your spouse’s bank statements
  • Investment documents
  • Retirement statements
  • Printouts showing the value of assets

Once a couple is in the midst of a divorce, it can be tempting to not share private information, especially finances. This later leads to complicated discovery – the process through which attorneys obtain this information from each side. This is often the most expensive and challenging part of the case. So, the best way to avoid this is to gather the documents while you are still on speaking terms and long before the divorce has begun.

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IL divorce lawyerGetting your finances in order goes a long way in divorce preparation. A Hinsdale divorce and high asset property division attorney can help you get your legal and financial documents in line to ensure that your divorce goes as smoothly as possible.

Create an Inventory of Your Assets and Debt

Division of marital assets is one of the most hotly contested aspects of divorce. Marital assets include everything acquired during the course of the marriage, while non-marital assets are everything else. Divide assets and debt by marital and nonmarital. Assets include everything from real property, bank accounts, 401(k) accounts, and pension plans, to jewelry, furniture, automobiles, and other tangible belongings. Debt acquired during the marriage is also marital property so long as both spouses signed their names to the mortgage, loan, or credit card.

Compile Documents

Having your financial documents in order saves time and hassle down the road. You probably will not be able to gather every necessary document before you talk to an attorney, but a good start includes locating the following:

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Il divorce lawyerFour out of 10 marriages end in divorce, with the average marriage that ends in divorce lasting seven years. As such, it is not uncommon for a married couple to come to the conclusion that their differences are irreparable, and that divorce is the best option. However, some divorces come as a surprise to one of the spouses, previously having assumed that everything was either fine, or the conflict within the marriage was manageable and possible to work through. Whether you were caught completely off guard or you suspected that divorce would be the inevitable conclusion of your marriage, an experienced divorce attorney can help you through the complex and stressful process of divorce, and protect your interests along the way.

The First Step of Divorce: Filing a Petition to Terminate the Marriage

Chances are that your spouse will file a petition for divorce (Petition for Dissolution of Marriage) with the court since he or she was the initiator of the divorce. In order to get a divorce in Illinois, at least one of the parties must have resided in Illinois for at least 90 days before filing, and if you and your spouse have children together, they must have lived in Illinois for at least six months, according to 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act.

Temporary Orders

The next step of divorce is requesting temporary orders, if necessary. Spouses often need to figure out different living arrangements and parenting responsibilities during the six months or more that it takes a divorce to finalize. A temporary order may involve creating a parenting plan, child support, or spousal support for temporary maintenance.

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IL divorce lawyerIt is not uncommon to hire an attorney and, after divorce proceedings have begun, realize that they are not a good fit for your needs. Whether they do not seem to be qualified for the job, have a conflict of interest, are not spending enough time on your case, or you simply do not get along with him or her, you can terminate your agreement with your attorney even after divorce proceedings already began.

Reasons to Get a New Divorce Attorney

From ex-clients stalking lawyers who they felt were at fault for not winning their custody case, to husbands tracking down and shooting their wives’ divorce attorneys to get even, being a divorce lawyer comes with serious risks. While threats and violence are never okay, it is understandable if you are frustrated with your current lawyer. Good reasons to leave them include the following:

  • Misses deadlines
  • Does not seem to have enough time for your case
  • Poor communication by lack of calls and emails
  • Breaks promises
  • Belittles you
  • Misses court appearances
  • Does not listen to you
  • Does not keep you up to date on your case

Retain a Different Attorney

The first step in getting rid of your current divorce lawyer is to find a new one. When you sign a contract with your new lawyer, ensure that he or she knows that you have an existing attorney that you plan to part ways with. This can be accomplished with a letter of termination submitted in person or in the mail. Even if you tell your attorney face to face or over the phone, you need to submit this termination letter in addition. Ensure that you are completely caught up in payments.

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