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Tag Archives: DuPage County divorce

Wheaton divorce attorneysOne of the first questions that divorcing parties ask is how long the process will take. Unfortunately, the answer is not a simple one, especially since there are so many variables involved. For example, a contentious divorce is likely to take far longer than an amicable one. Still, there are some generalizations that can give you an idea as to how long the process might take for you and your spouse. Learn more in the following sections, including how a seasoned divorce attorney may be able to take steps to expedite your Illinois divorce. 

Method of Divorce Can Affect the Duration of Your Case

Couples used to have to go through court for a divorce, but the process is both long and costly. As such, the system has added new avenues for divorce. For example, a couple may choose to mediate their divorce instead of going to litigation. Alternatively, they may use their attorneys to work out a negotiated settlement, or they may seek out arbitration. All of these avenues typically take less time than a litigated divorce, and they are usually less expensive. 

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property division illinois divorceDuring a divorce proceeding, the parties may attempt to come to an agreement about the way in which they will divide their marital property between them. However, if they are unable to come to an agreement, or if their agreement is found to be unfair and unconscionable, it is up to the Illinois Courts to divide the marital estate between the divorcing parties in a way it sees fit. The court employs the law as a guideline in making a property determination within a divorce decree.

Equitable Distribution

Illinois state law follows the concept of equitable distribution in dividing marital property. This allows the court to make a property determination based on fairness and may not involve a perfect 50/50 split of marital property awarded to each party. The court will separate what is classified as marital property from what is considered separate property, and will equitably divide the marital property between divorcing spouses.

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divorce, divorce basics, uncontested divorce, Illinois divorce lawyer, DuPage County divorce attorneyMany people are probably familiar with divorce terms like “no-fault” and “uncontested,” but may not be sure how these legal phrases interrelate and what they mean for practical purposes. Read on for an overview of Illinois divorce law, and a breakdown of these and other familiar terms.

Grounds or No Grounds?

Initially, when making the decision to divorce and end a marriage, the reason for the divorce must be included in the legal pleadings. Spouses either have grounds for the divorce, or they may wish to divorce based irreconcilable differences (no grounds). Grounds are considered reasons for the divorce, while irreconcilable differences indicate the couple cannot point to any accepted grounds, or reasons, for divorce.

Grounds for divorce include:

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cohabitation, divorce, marriage, Illinois divorce attorney, family law in DuPage CountyIn the past, conservative views about what constituted appropriate action on behalf of a couple prior to getting married dominated public opinion. Everything from living together to premarital sex was frowned upon. While some people may still hold these views to some extent, there has definitely been a shift in what couples are doing before getting married these days, and a new study says it’s not nearly as bad as many previously thought.

Cohabitation Before Marriage

A recently published article discussed not only the prevalence of cohabitation before marriage, but whether it has any real effect on the success of the marriage once it occurs. Over the last five decades, it is estimated that the rate of couples who live together before getting married has increased by about 900 percent. Two-thirds of marriages that occur today are between couples who have already lived together for 31 months, on average. Previous studies indicated that couples who lived together before marriage were 33 percent more likely to divorce than their counterparts who waited to live together until after the marriage ceremony took place.

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children of divorce, child of divorce, Illinois divorce lawyer, Illinois family law attorneyIn Part 1 of this article, we discussed research that showed children, on average, are likely to bounce back in the long term after their parents’ divorce, as well as some factors that may inhibit this adjustment. This seems to suggest that perhaps parents may not need to worry as much about the effects their divorce may have on their children, as long as they are able to maintain some stability and appropriate parenting levels throughout the process. Read on for the rest of the research related to this topic, regarding concerns relating to adulthood and improving the chances that children will bounce back.

Later Problems

The concern with children of divorced parents is not limited to immediate problems, but also with problems that the child may experience later in life as an adult. Some previous research suggests that children of divorce experience significant problems with depression and relationship issues as adults. However, other researchers argue against this finding, saying scientific research supports the idea that most children of divorce grow into well-adjusted adults.

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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.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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