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Tag Archives: contentious divorce

DuPage County divorce lawyersWhile some divorcing couples are able to reach an amicable agreement on the division of their assets and debts, others struggle with reaching a compromise on even the smallest of details. These cases, which are often referred to as “contentious divorces,” can cost couples a great deal of both time and money. Learn how you can protect your assets in such a divorce, and discover what our seasoned Illinois divorce attorneys can do to improve the outcome in your case. 

Is Your Divorce at Risk for Contentious Proceedings? 

Perhaps the best way to protect one’s self in a contentious divorce is to determine, as soon as possible, if negotiations may turn hostile. First, consider your wealth class.

Marriages with an exceptionally high net worth (typically over $5 million dollars) tend to end with little fighting, as parties recognize that peaceful negotiations are one of the most effective ways to protect their wealth. Of course, parties may still become greedy during the proceedings, or they may feel the need to be vindictive toward their former spouse. As a result, individuals may attempt to either hide or spend (dissipate) assets in order to keep them away from their spouse.

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Wheaton divorce lawyersWhile most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling. How do you determine if this path is right for your Illinois divorce case? The following information on the pros and cons of a litigated divorce can help you decide. 

Potential Disadvantages of a Litigated Divorce 

Since the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that: 

  • Litigated divorces are usually more costly. Not only do you have to cover the court costs, but your legal fees will probably increase as well. The more contentious the proceedings become, the more your divorce is likely to cost. If money is a factor in your case (either because you have a high net worth and at are a risk for extreme financial loss or are simply concerned about your financial future), you may want to consider a collaborative divorce over litigation;
  • Litigation is an inherently adverse path to divorce. It puts you and your spouse at opposing sides, so arguments and contention are far more likely to occur, and as mentioned previously, this is likely to cost you more money;
  • There is always the risk that you will not agree with the ruling. While judges try to be fair and follow the law, they do not have the time or ability to fully understand your situation; and
  • Litigated divorces are less customized, which can be especially problematic if there are children or pets involved. In contrast, collaborative divorce can offer parents and pet owners more options when it comes to custody and visitation. 

Potential Advantages of a Litigated Divorce 

Although there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as:

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Wheaton divorce lawyersDivorce tends to go smoother when both parties are focused on ending things amicably. Unfortunately, the end of a marriage can stir up a number of strong, negative feelings (resentment, anger, rejection, etc.), which may cause some individuals to act out in ways that hurt the other party. What happens when they seem to be more focused on “getting even” than ending things in a peaceful manner, and how can you mitigate against the potential issues that may arise from their vengeful ways? The following information explains, and it provides details on how the assistance of a seasoned divorce attorney can help improve the final outcome of your Illinois divorce. 

Communicating with a Vengeful Spouse

One of the more difficult (but effective) ways that you can minimize conflict in a divorce is to change how you communicate with your spouse. Rather than engaging in conversations over the phone or in-person, consider switching to a written form of communication (text or email). Do not respond to baiting or hostile comments; they are nothing more than tactics to draw you in. Also, you should limit your responses to no more than one email or one set of text messages a day (even if your spouse sends you 20). Keep your language professional, and distance yourself from any conversation that is not directly related to your divorce or children. 

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Wheaton divorce attorneysDivorce can be an emotionally trying process, full of sadness, anger, and regret. Unfortunately, letting those feelings run the proceedings can cause serious issues for everyone involved. Learn how reducing the level of contention in your Illinois divorce can mitigate against such issues, and discover how an experienced divorce lawyer can assist you through the complex legal process.

Understanding the Potential Implications of a Contentious Divorce

Contentious in divorce can drive up your stress levels, which can increase the odds of you experiencing health issues during the proceedings and long after. For example, studies have indicated that extreme stress in divorce may increase one’s risk of developing depression and heart-related health conditions. The extended amount of time that it typically takes to complete a contentious divorce can further increase the risk of such complications.

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Illinois divorce lawyersFor many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.

Is Your Divorce Contested or Uncontested?

The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
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Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
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Joliet, IL 60432
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