Tag Archives: DuPage County divorce lawyer

IL divorce lawyerNearly everyone has heard of a friend or family member that has gone through a nasty divorce. It can seem as though this is the only way to get a divorce, but that is not true. Uncontested divorces are those in which both parties agree to all terms of the divorce and they simply draft an agreement reflecting those terms. Couples often seek uncontested divorces because they allow the parties going through the process to do so with less stress in a shorter amount of time, and it also allows them to save money during the process.

Willingness by Both Parties

If even one party in a divorce is intent on dragging out the process and making it as difficult as possible, an uncontested divorce is not possible. To get an uncontested divorce, both people must be willing to remain open, reasonable, and objective. It is crucial that differences are put aside, which is often challenging in a situation when emotions run high. Still, this is the most important element when trying for an uncontested divorce.

The Right Attorney

Just because a divorce is uncontested and agreed upon does not mean that spouses cannot use an attorney. In fact, each spouse can and should have separate representation to ensure that their rights are being upheld. However, choosing the right attorney is of paramount importance. Some lawyers are so focused on taking a case to trial that they cannot move from the mindset of a litigator to that of a collaborator.

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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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IL divorce lawyerWhen considering divorce, you are likely thinking about how it could be a long process, and the many steps you will have to take throughout it. While the actions you take during divorce will depend on the specifics of your case, there are also some things that anyone considering divorce should do before they even file. The most important of these are listed below.

Prepare Financially

You will need a lot of documentation during your divorce case. Now is the time to collect records of financial accounts, phone records, car notes, and mortgages. Many times, spouses share these documents and when that is the case, you should take photocopies of the documentation and store them in a safe place.

Be Realistic About Child Custody

If you have children, custody issues are likely to be one of your biggest concerns as you consider divorce. It is important to remember that in most cases, a judge will award both parents time with the child unless there is an extreme situation such as addiction or domestic violence. Reviewing your work schedule, your child’s schedule, and the obligations you have will greatly help you prepare for the child custody process. If you and your spouse can reach a child custody agreement that is fair, your divorce will proceed much quicker and much more smoothly.

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Il divorce lawyerAlthough the majority of divorce cases are settled before they enter litigation, the reality remains that many cases require a trial. If your divorce is headed to trial, it is normal to feel intimidated and overwhelmed by the prospect of going before a judge and stating your case. Still, there are certain things to remember that can help you feel confident throughout the length of the trial, and give you a better chance of a positive outcome.

Dress Appropriately

It may sound obvious, but you should always dress appropriately any time you have to appear in court. Do not dress casually or wear provocative clothing. Instead, dress professionally wearing either a suit or another item that provides a clean and neat appearance. This shows that you have respect for the entire process and the court and will win favor with the judge.

Keep Answers Short

During a divorce trial, you will likely have a lot to say and you will want the judge to know your full side of the story. However, it is best to keep your answers short and to the point. Providing too much information can actually make your case less compelling. Also, if you provide too much information, it could hurt your case. Your lawyer will always make sure that the most important information comes to light during the trial.

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IL divorce lawyerDivorce forces you to think about your future, what you want it to look like, and how to protect and prepare yourself for it. While trying to place yourself in the best position possible once your divorce is finalized, you may try anything to keep your family home. The marital home is typically the biggest asset in any divorce and one that often both spouses wish to keep. Before you enter into a fight regarding the home, there are some very important questions you must ask yourself.

Is the Home Marital Property?

Under Illinois’ property division laws, marital property is subject to equitable division. This means that if you and your spouse purchased the home together after you were married, the court will divide the home fairly, although not necessarily equally. If you or your spouse bought the home alone before marriage, on the other hand, it is separate property and the purchaser can keep it outright. Typically, family homes are considered marital property, although that is not always the case.

Do You Have a Premarital Agreement?

More and more couples today are entering into premarital agreements prior to marriage. If you and your spouse did this and the home was mentioned in the agreement and the agreement is deemed enforceable by the courts, the terms included in the agreement will stand, even if it is no longer your preferred outcome.

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