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Posted on in Divorce

Uncontested Divorce in Illinois, DuPage County divorce attorneysDivorce can be a long and difficult process, but some divorces are longer and more complicated than others. One of the simpler and (usually) less time-consuming kinds of divorce is an uncontested divorce.

What is an Uncontested Divorce?

Divorces are either contested or uncontested. An uncontested divorce is a divorce where the parties agree on the property division, child custody and support, and other important matters. Contested divorces require the court to make some decisions on behalf of the couple because they cannot come to a decision themselves. An uncontested divorce is usually faster because the couple does not have to go through the discovery and hearing process in court and the papers can just be filed. A judge has to approve the divorce either way, but with an uncontested divorce it generally takes less time.

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Posted on in Divorce

chronology of divorce casesAs you are undoubtedly aware, divorce cases can drag on for months and even years, preventing the parties from moving on with their lives. But why does it take so long? The lifespan of a divorce begins even before either party files for dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act, and lasts until a full agreement has been reached. Many cases involve complex circumstances that take longer to sort out. Below you will find more information on the main phases of a divorce.

Filing of a Petition for Dissolution

Your case officially begins when your lawyer files a petition in court. Once the petition is filed, you can wait before telling your spouse, if it is to your advantage, but you cannot wait forever. An attorney can help you decide when the time is right to ask the sheriff to serve your spouse with divorce papers.

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Posted on in Divorce

discovery processIf you are currently involved in a divorce or know anyone going through the same process, you have likely heard of the term “discovery.” If it is your own divorce, you may be growing to hate the discovery process. This post seeks to break down the basics of discovery, outlining what you need to know and how it can greatly benefit your case.

What Is It?

The term discovery is used across nearly every area of law, but in divorce proceedings it refers to the process by which both sides of the divorce gather information about the other side. Discovery is a key component in any litigation, but is absolutely essential in any case where assets, property division, child support or maintenance is at issue.

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Posted on in Divorce

pet custodyEveryone knows custody can be one of the most contentious issues in a divorce. What may shock people is those custody disputes don’t always only involve children – human children, that is. Increasingly, couples are feuding over pet custody during their divorce proceedings.

According to a recent survey of the American Academy of Matrimonial Lawyers, 27 percent of those attorneys who responded said they noticed an increase in the number of clients fighting for custody of a pet during the last five years. Of those disputes, they also noted an overwhelming 88 percent of those animals caught in the middle of the custody fight were dogs.

Illinois Laws Used When Pets are an Issue

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argument silent treatmentMany factors can lead to the dissolution of a marriage. Sometimes, it may be one event or incident that led to a break up, and other times it may be a pattern of behavior that is endured over a long period of time. A recent article discussed how a common act, giving one another the “silent treatment,” can have possible long-term effects on a relationship.

Argument Weapon

For many couples, using the silent treatment may be a common go-to weapon for use in arguments. However, doing so repeatedly may not only be a sign of deeper issues, but it can also cause further damage to a relationship, even ending in divorce. Choosing not to speak with your partner about issues that are present in your relationship stifles communication in a quite obvious way and also causes those issues to go unaddressed and unresolved.

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Posted on in Divorce

divorce mistakesMost people are at risk of making at least a few mistakes throughout the process of divorce. Of course, having an experienced divorce attorney as legal representation goes a long way in avoiding such errors and ensuring a smooth process along the way. A Chicago Tribune article from a few years ago discusses the most common mistakes made by men in divorce cases, as witnessed by a divorce attorney. While the article is gender-specific, it is important to note that these mistakes can easily be equally attributable to men or women and should be avoided by any party in a divorce case.

Ten Mistakes

It is wise for members of both sexes involved in divorce proceedings to not only be aware of these commonly made mistakes, but to take steps to avoid them, ideally with the help if an attorney who is experienced in divorce cases.

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courtThe process of settling a divorce can involve many court appearances.  In most cases, the attorneys representing each spouse will act in the spouse’s best interest.  But, on occasion, a spouse may be asked to appear in court in order to supply evidence about related issues, such as child support, child custody, or the division of property.  The following are some tips that can ensure that you make the best appearance possible. Dress for Success You only have one chance to make a first impression.  Dressing appropriately for divorce court is very important.  The proceedings of a divorce court should be treated with respect and formality. Both genders should be dressed nicely without being flashy.  Also consider covering tattoos, earrings and even leaving behind jewelry. Be Organized Make sure that you are on time for your appearance.  Being punctual is respectful manner towards a divorce court judge.  Being early can also allow you to remain calm and collected.  While the divorce might make your temper flair, be reserved with your attitude.  Your attorney can help you prepare for your emotions by letting you know what to expect as well as running through questions that may set you off. Be Honest and Brief When you are being examined in court, it is important to keep your oath of honesty.  But it is also as important to keep your answers short and sweet.  Avoid the desire to tell everything about an event or feeling that you have.  Focus on the purpose of the question and offer only the shortest answer possible.  Offering up any information that is not asked for can hurt your case and inadvertently help your spouse’s.  It is also important to remember that if you do not know the answer, then say that.  Guessing is just as bad as lying. There other things to remember while in divorce court.  An experienced family law attorney can help alleviate your stress about this appearance.  Contact a knowledgeable divorce attorney in Warrenville today.

Posted on in Divorce
talk-to-children-about-divorceDivorce is a very stressful situation to go through, and throwing kids into the mix can make it much, much harder.  For many parents, the most overwhelming part of their divorce is breaking the news to their children.  However, with a few pointers, this talk can be made a lot smoother. Before sitting down to talk with your children, it is very important that you and your spouse agree on what exactly you are going to say.  You do not want to contradict one another while talking to your children, which could make things even more confusing for them, especially if they are younger. In some cases, spouses will have to give the talk separately.  Even if this is the case for you, try your best to still reach an agreed script so as not to send mixed messages to your kids. If your divorce is a relatively amicable one, try and sit down with your kids as a couple.  This will send the message that you are still a family, and even though you and your spouse are separating, you are still their parents.  This will also help assure them that you will both still play active roles in their lives. One of the most important pieces of advice for talking to your children about divorce is to make sure they know it is not their fault.  To do this, you want to give them reasons that they can live with.  Things like “we grew apart” are appropriate.  Your children will automatically assume that because they asked for something at the store, or fought with a sibling, the two of you are getting a divorce.  Assure them that it is nobody’s fault and your love for them will never change. Sitting down to talk about divorce with your kids may seem scary, but it doe snot have to be.  If you are preparing for “the talk” and have any questions, don’t be afraid to contact an experienced Illinois family law attorney to assist you.

Posted on in Divorce

It may seem impossible in the throes of divorce to ever imagine forgiving your ex for the emotional pain and possible hardship caused in the failed relationship. The most important aspect in a divorce to moving on from the pain and starting a new life is to find a way to forgive your ex, and allow yourself some distance and reflection from the mess. One easy way to do this is to seek the counsel of a qualified divorce attorney, who can help you sort through the nuts and bolts of a divorce so you’re more able to deal with the emotional fallout. According to the Examiner, “forgiveness is not reconciliation. Reconciliation is a different step that may or may not happen. But forgiveness is crucial.” This high ideal isn’t just an acceptance of an apology, but a rooting deep within to find the peace it takes to release someone form the pain he or she has caused you. Forgiveness is the first step to a good divorce—the next is to try to make sure that you’re both on board with the process as it begins. Many couples seek therapy at the end of their marriage for help going through a divorce. According to the Independent, “professional counselors no longer necessarily aim to glue you both back together like a broken vase. They want what is best for both of you, and they may help both of you to deal with the divorce in a more rational and civilized way.” This is especially true if one party isn’t quite ready to call it quits. If you or someone you know is going through a divorce, don’t do it alone. A qualified attorney can help you to sort out the logistics, so you’re able to focus on getting your life back together. Contact a dedicated Illinois divorce attorney today. Image courtesy of FreeDigitalPhotos.net

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