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With most of the country on lockdown, couples who are at odds in their marriage are feeling the pressure. Add in potential job losses, the possibility that parties have had to move back in together to save money, and the minimal court operations and you have the perfect formula for an all-out marital explosion. Thankfully, parties do not have to wait to proceed with the divorce process. In fact, it is recommended that you not wait and, instead, start moving forward.
Divorcing parties often underestimate just how much time it takes to complete the divorce process. At a minimum, most go through at least 60 days of preparation and paperwork before seeing a judge. Complex cases and high conflict situations can take much longer to resolve.
While no one can say for certain how long the stay-at-home orders will last, parties do not have to delay the process. Instead, start the process now and you can expedite the court process and complete your case sooner once the orders have been lifted.
If you are considering divorce, odds are that you have already started exploring your options. Two of the most commonly pursued paths are litigation and mediation. Gain a better understanding of the differences between these two divorce methods, and discover what our seasoned divorce attorneys can do to improve the outcome in your case.
No matter which path you choose for divorce, you will likely face and deal with the same core issues: allocation of parental responsibilities, parenting time, child support, alimony, and the division of assets. How these matters are resolved - the approach and process - are greatly varied, depending on the path you choose, however.
In litigation, parties are placed at opposite ends, like warring sides. Each presents their case and evidence. The judge then makes a ruling, which is final (unless appealed). In contrast, Mediation encourages couples to work through their issues with an eye toward compromise and mutual respect. Upon further inspection, these core differences dramatically alter the divorce process.
While every divorce is unique and specific to the parties and their situation, there are some common threads. Likewise, there are some commonly made mistakes in divorce. Fall victim to any one of them and you could jeopardize your settlement, your time or rights to your children, and even your financial well-being. Educate yourself on what these mistakes are, and discover how our seasoned Wheaton divorce lawyers can help you avoid them.
Like it or not, divorce is mostly a financial transaction. It requires you to provide any and all financial information to your attorney or the courts so that the marital estate can be accurately valued and divided. Unfortunately, if you miss something, it can have a negative impact on your case. You could short-sell yourself in the settlement, or you could be accused of trying to hide assets from your spouse. In either case, this mistake should be carefully avoided.
In a divorce, marital assets are valued and equitably divided between the parties. Businesses, owned jointly or independently, may also be considered a part of the marital estate. The determination of its value is called the business valuation process. Learn more about this process, and how it could impact the outcome of your Illinois divorce.
Business valuations are used to determine the overall health and net worth of a company. Each facet of the company is objectively and independently evaluated, including the company’s assets, expenses, revenue, cash flow, debt levels, and projected future earnings.
The process for determining a company’s value will vary, depending on the industry, business type, and customer base. One of four methods may be used.
Matters pertaining to children tend to be some of the most sensitive issues in divorce - and rightfully so. The child’s mental and emotional state, academic performance, and future potential are all at risk. Thankfully, studies show that ample time and continued support from each parent can improve the outcome for children of divorce.
Not sure how to determine how much time each of you should have? Afraid you may be selling yourself (or your child) short? Check out these eight factors and consider them when drafting your Illinois parenting plan for some guidance. Also, learn how a seasoned family law attorney can protect the best interests of both you and your child.
While studies suggest that children of all ages can handle overnight stays away from home, infants and toddlers may struggle to adjust in the beginning. Younger, school-aged children may need a consistent and reliable schedule that minimizes stress and allows them to focus on their studies. Older children may have their own preferences regarding where they will live day-to-day, which should also be considered. However, they may not need the same regularity in their schedules as younger kids, so parents may be able to do more frequent exchanges.
Divorce is chalked full of complex emotions. Unchecked, those feelings can send you into a downward spiral, causing you to lash out at your spouse or even your own children. Thankfully, there are some strategies that can use to help you process your feelings in a healthier way.
While you may want to end things as quickly as possible, the divorce process should be considered a sprint, rather than a marathon. Give yourself time to prepare and gather your documents before you officially file. Talk to a lawyer about your options and consider your strategy carefully. Not only will these steps help reduce your stress levels, but it can also improve the final outcome in your case.
Emotions can fluctuate from one moment to the next, which can make it difficult for one to stay grounded. Rather than attempt to tackle all of your feelings at once, take a step back and give yourself permission to set them aside for a while. Focus instead on the concrete aspects of your case - the legalities, dividing up property, and creating a parenting plan for your children.
Spousal support may not be awarded as often as it once was, it is still a factor in some cases. Think you might be entitled? Check out these 14 factors the courts use to decide whether or not to award alimony to a disadvantaged party and learn more about what our divorce lawyers can do to improve the outcome in your Illinois divorce case.
Each party's income and assets are one of the first and biggest factors used to determine whether spousal support should be awarded in a divorce case. The courts will consider both marital and non-marital assets, as well as each party’s financial obligations.
Another important factor the courts use to determine whether alimony should be awarded is the financial needs of each party. Three key components are used in this determination: the financial needs of the recipient, whether there is a gap in the recipient’s ability to meet their needs, and whether the payor is capable of supplementing that gap. Note that these needs must be legitimate; wants and luxuries are not considered.
All across the country, people are staying indoors and away from others to minimize their exposure to coronavirus. Stay orders and full-on quarantines literally force couples into all-day one-on-one time. This constant, forced interaction can further inflame underlying issues for those who were already on the edge and barely holding onto the shreds of their marriage.
Data suggests this issue is already causing a spike in divorce inquiries. Now the question becomes whether couples should move forward with their cases or wait it out to see if they can resolve matters once the quarantine is over.
Marital issues can feel more pronounced when you are forced to interact with one another all day long. While couples under quarantine are unable to change their circumstances, there are some strategies that can be used to help your marriage - even in its current state.
Prenuptial agreements are not just for the rich. Instead, there are several scenarios in which this legal document can protect the vested parties in a possible divorce. Learn more by checking out these six situations in which a prenuptial agreement may be in your best interest.
Possession of a considerable amount of wealth is one of the most common reasons that couples choose to enter into a prenuptial agreement before marriage. Entering into this legal agreement before marrying lets you clearly define the rules for how wealth will be distributed in the event of a divorce. This rule also applies if one party earns more than the other at their job.
If either you or your spouse owns a business, you may want to consider a prenup before getting married. Not only can this legal document protect your business and allow for proper allocation of its assets in the event of a divorce, but it can also define parameters on business operations and liability during the course of your marriage.
Debt is a serious issue for most Americans. According to a recent study from Northwestern Mutual, the average U.S. citizen has about $38,000 in personal debt - and that excludes their mortgage. If one were to double that for a married couple (almost $80,000 in debt), the importance of understanding how debt is divided in a divorce becomes clear.
In most cases, marital debt is divided in a divorce in the same way as assets: equitably. Essentially, this means debts are allocated according to the income and expense of each party. Keep in mind that this rule usually only applies to joint, marital debts that were acquired during the union. Separate debts that parties acquired prior to the marriage, as well as sole-owned debts, may not be divided in the same manner.
Regardless of who the debt is assigned to in the divorce, parties can still be held legally responsible for a debt if their name is on the account. Keep this in mind when a portion of marital debt is assigned to your spouse, and have a plan in place for handling a default on the account, should your spouse forget or fail to pay. Otherwise, you may rack up late fees or interest on your account, leaving you with unnecessary added expenses.
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