Tag Archives: DuPage County divorce lawyer

IL divorce lawyerTiming is critical with many aspects of divorce, including when you should speak to a divorce lawyer. If you speak to a lawyer too early, you may think it could disrupt the marriage even further and leave no chance of reconciliation. On the other hand, waiting too long to speak to a lawyer could affect your rights moving forward. So, if you think divorce is imminent, how do you know when it is time to consult with an attorney? Below are a few signs that it may be time to speak to a lawyer.

When to Call a Divorce Lawyer

Like in most legal situations, it is usually best to call a divorce lawyer early in the process. The sooner you speak with a lawyer, the more options you may have and your lawyer will have a better understanding of the case when they work on it from the very beginning. Still, even though early is always best, there are two instances in which you must call a lawyer as soon as possible. Those are if you are considering filing for divorce, or if your spouse has already filed.

When you are considering filing for divorce, it is important to speak to a lawyer as soon as possible. A lawyer can outline your options and help you make the right decisions for you and your family from the very start of the process. A lawyer can also advise on the steps you need to take before even broaching the subject of divorce with your spouse. For example, a lawyer may advise you to make copies of financial statements and insurance policies. At this time, an attorney may also advise you to start thinking about your options for child custody and support.

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IL divorce lawyerMany people know the common issues they will face in divorce. Their property may be divided and if the two spouses involved have children together, child custody and child support hearings will also certainly be a part of the divorce process. However, spouses often think there is no chance of reconciliation in the marriage, which is why they have started the divorce process. What happens then, when reconciliation becomes a real possibility?

No-Fault Divorce Laws in Illinois

Since 2016, Illinois has operated on a pure no-fault basis for divorce. This means the spouse filing for divorce does not have to allege or prove their partner was at fault for the breakdown of the marital relationship. They simply only have to state that the marriage has suffered an irretrievable breakdown and there is no chance of reconciliation. The no-fault laws in Illinois can help streamline the process and allow a person to get a divorce even if their spouse does not agree to it.

While Illinois does operate under a no-fault system for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does outline certain requirements. One of these requires the spouses to live separately and apart for at least six months to show there is no chance of reconciliation, although spouses can agree to waive this requirement. The IMDMA also requires the court to determine if reconciliation is a possibility. If it is, the couple may have to attend a conciliation conference before their divorce is finalized.

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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 attorneyDivorce is expensive and anyone going through it usually looks to cut costs any way they can. Much of the cost of divorce stems from court fees, mediation costs, and other expenses. Still, there is no denying that your attorney fees will also contribute to the cost of divorce. You should work with an attorney when getting divorced, as legal representation will ensure that you receive a fair settlement. However, the below tips can help you reduce the attorney fees you pay so you can lower the cost to some extent.

Respond to Your Lawyer Promptly

Throughout your divorce case, your lawyer will need to contact you for a variety of reasons. They may ask you to review pleadings, or need additional facts to help with your case. If you do not respond right away, your attorney may have to spend time calling you regularly and trying to track you down. The more your lawyer has to contact you, the more fees they will likely charge. Responding to your lawyer promptly will not only keep costs down, but also ensure that you do not miss any important deadlines in your case.

Provide Discovery Documents Quickly

Discovery is a phase most divorce cases go through. During this stage, each side will ask the other party for information such as financial documents and when they do, you are obligated to provide them with it. Discovery is a very important aspect of any divorce case, and it is likely that you have information that your lawyer does not.

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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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