Tag Archives: Hinsdale divorce attorney

Il divorce lawyerAlthough there is a dispute about divorce rates in the United States, it is common knowledge that many people that enter into marriage end up getting a divorce. Still, that does not mean that everyone in a marriage is in a happy relationship. Some couples remain married only in name, but they are no longer as happy as they once were. This is a phenomenon known as invisible divorce, and it is very important that individuals recognize when they are involved in one.

What Is Invisible Divorce?

An invisible divorce is a marriage in which the two spouses are married in name only. They no longer share the affection they once did, and may not share the matrimonial bonds that kept them as a loving couple. Instead, the relationship resembles something more like roommates or co-workers. In many instances, spouses in this situation find that they still love their spouse, particularly if they have children together. However, the type of love they now feel is different than the feelings they had when they were married.

So, when two couples are in an invisible divorce, what is the problem? After all, the spouses are not fighting and arguing, so why go through a lengthy and possibly costly divorce procedure? The answer is because, just like people going through an actual divorce, individuals in an invisible divorce are not happy. Sometimes, one or both spouses do not even realize that they are unhappy, or they know they are, but do not want to go to the trouble of getting a divorce.

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IL divorce lawyerAlthough people going through a divorce in Illinois are not required to work with an attorney, it is always a good idea to get legal advice when going through the process. You do not need just any lawyer, though, you need the lawyer that is right for you. You will feel the impact of the final decisions made in your divorce for some time, so it is important that you work with someone that is right for you and that will work in your best interests. Below are some of the most important tips to follow so you ensure you get the right lawyer for your case.

Decide on the Divorce Process You Want to Use

Many people imagine a long and costly courtroom battle when they head into a divorce. That, however, does not have to be the case. There are many different types of divorce in Illinois, including mediation and collaborative divorces. You must know what type of divorce you want to get so that you choose a lawyer that is familiar with those methods and can help you through the entire process.

Look at Family Lawyers Only

There are many different areas of law, and attorneys are usually specialized in only one or two of them. When you are getting a divorce, a personal injury lawyer that helps accident victims claim compensation is probably not going to be familiar with divorce laws, or the process of getting you the fair settlement you need. Only consider family lawyers when you are getting a divorce. They will understand the ever-changing laws surrounding divorce in the state and on a federal level and will be most familiar with the process.

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IL divorce lawyerThe divorce rate in Illinois is lower than it is throughout much of the country, but that does not mean that ending a marriage in Illinois is any cheaper. In Illinois, it can cost anywhere between $35,000 and $70,000 to get a divorce, but it does not always have to cost that much. These high costs are typically reserved for litigated divorces or those that go to court where a judge can make all the decisions on the terms of the divorce. Mediation is one way to lower the cost of divorce, and it also has many other benefits, as well.

The Cost of a Mediated Divorce

Like any other type of divorce, no one can say for certain just how much a mediated divorce is, as it completely depends on the facts of the case. It is known, however, that mediation can lower the cost of divorce by as much as $10,000. The number one factor that will drive up the cost, even in a mediated divorce, is the extent to which the two spouses can agree to the terms of the divorce. When the two spouses can agree fairly quickly on those terms, the divorce will cost less for both of them.

Amicable Mediation can Lead to Better Cooperation in the Future

Many people have heard stories of bitter divorces that lasted a long time and even after the divorce was finalized, the two former spouses still could not stop fighting. There may be conflict surrounding issues such as child custody or spousal maintenance, which leads to regular fights between the former couple.

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IL divorce lawyerMost of the time, when someone facing divorce works with a divorce lawyer, their attorney works in their best interests, focuses on solutions that are best for that individual, and helps their client secure the best settlement or verdict possible. Unfortunately, this does not always happen. Some attorneys do not spend the time with a client that is necessary and try to quickly close the case so they can move onto another and start a new invoice. When this happens, those clients often want to know if they can fire their divorce lawyer and hire a new one. The short answer is that yes, they can.

Reasons to Fire a Divorce Lawyer

Divorce is highly personal and so, when a person wishes to fire a divorce lawyer, the reasons are also typically highly personal. The most common reasons a person wishes to fire a divorce lawyer include:

  • Personality conflicts: Most people think this reason involves a lawyer and client that do not get along. While that is sometimes the case, it is not always. It is important to remember that while a lawyer should always give you the final say in decisions regarding your case, they also should not just give in to what you want. You hire an attorney to provide the advice you need, even if it conflicts with what you think or want.
  • Using the same method every time: There are very few divorces, if any, that are exactly alike. Quality divorce lawyers know this and so, they will suggest the best route for a specific divorce case. When a lawyer only wants to litigate or will only go through mediation, you are not working with an attorney that is focused on your case and doing what is best for you.
  • Lack of communication: One of the biggest complaints about lawyers is that they do not communicate with their clients. When this is the case, those clients are not kept up to date on the status of their case, which is a significant problem when the case greatly affects their life the way divorce does.

These are just a few of the most common reasons clients fire their divorce attorneys. Any time a person is uncomfortable with the attorney they are working with, they should speak to someone else and get a professional opinion.

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IL divorce lawyerMany people draft a prenuptial agreement so that in the event that they must get a divorce, their best interests and personal property are protected. However, too often people enter into divorce only to learn that their prenuptial agreement is not enforceable. This is shocking, as the assets that people thought were going to be left out of the divorce process are now subject to property division rules. For this reason, it is advisable that everyone understands what will deem a prenuptial agreement unenforceable, so that should the time come, they can enjoy the protection that they thought they had in place.

Incorrect Financial Information

When drafting a prenuptial agreement, each partner in the relationship must fully disclose their assets, income, and debts. This is very beneficial because it can help prevent arguments in the marriage regarding property and money, which is one of the leading causes for marriages to break down and for individuals to get a divorce. However, it is also extremely important that each spouse is honest about these terms when drafting a prenuptial agreement because if they are not, the agreement could be deemed unenforceable.

One Spouse Did Not Sign the Prenup Willingly

A prenuptial agreement is a contract and as such, each partner entering into it must agree to the contract and sign it willingly. When this is not the case, the contract is considered invalid. No partner should be under the influence of alcohol or drugs when they sign the prenuptial agreement, nor can they be forced or coerced into the agreement. Each partner should read the entire prenuptial agreement and fully understand the terms outlined within it before they sign. Proving that one of the parties did not consent to the prenuptial agreement is extremely difficult, so individuals that want to make this argument should speak to a lawyer that can help.

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