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Divorce can be an emotionally painful process, and that can make it difficult to navigate through it without saying or doing something you will later regret. Thankfully, it is possible to reduce your risk of regret in a divorce, so long as you have the right knowledge, tools, and resources at your disposal. Learn more in the following sections, including why the assistance of a seasoned attorney is a critical element in your regret prevention plan.
Prevent Unnecessary Financial Loss
Financial loss in divorce is an all-too-common (but highly preventable) issue - and while it may not seem all that worthy of regret, if severe enough, it can have long-term or even life-long repercussions. Retired and near-retired parties and women are considered to be at the highest risk for these losses, but men can experience them as well. A few ways to prevent them are to:
Pets have increasingly become grounds for contention in divorce - so much so that many states (Illinois included) have begun to adopt laws regarding the “custody” of pets. Though they may be unable to entirely eliminate the issues that may arise in a high-contention pet custody case, these new laws give pet owners more power when advocating for their animal’s well-being. Learn more about how you can handle pet custody issues in both contentious and non-contentious divorces, and discover how the aid of a seasoned divorce attorney can help ease the entire process.
Creating a Pet Custody Agreement
Pets have become beloved family members for most Americans, and some couples treat them more like children than animals. Sadly, they cannot express their feelings or wishes during a divorce. Instead, the matter of custody is left up to the pet owners, and while the law does make provisions for custody, the guidelines are nowhere near as comprehensive as the ones for child-related matters. No “plan” exists. Owners must come up with their own. A few matters to consider when crafting yours might include:
Some people believe that “absence makes the heart grow fonder,” but deployed soldiers often have a different experience. They return home to find that their once loving and supportive spouse has grown cold and is seeking a divorce. Regardless of their reason, their decision can place servicemembers at serious risk - and not just financially. Emotional anguish, brought on by the grief of losing their spouse, could endanger their lives. Thankfully, it is possible to mitigate the issues. Learn more, including how a seasoned divorce attorney can assist with the process.
Preparing for Divorce While Deployed
Divorce can be a complicated endeavor for any individual but deployed servicemembers often experience distinct disadvantages while trying to navigate the process. They may lack the communication options necessary for communicating with their attorney, and access to their bank account may be either limited or non-existent while overseas. In contrast, their spouses, who are usually stateside, may have unfettered access to the money, an attorney, and even the servicemember’s personal belongings.
You may have years, perhaps even decades until your retirement, but you are going through a divorce, the time to start thinking about your nest egg is now! Often one of the more valuable assets in a marital estate, retirement and pension accounts are the primary source of contention in approximately 60 percent of all high-conflict divorces. It is also one of the most complex assets to divide in divorce, and mistakes are both costly and exceedingly common. Learn how to avoid them, and discover what a seasoned divorce attorney can do to help.
Retirement Plan Types - Why It Matters
Not all retirement plans are the same, especially when it comes to dividing them in a divorce. Pension plans and 401K plans must be divided using a qualified domestic relations order (QDRO). This document, though based on the details of your divorce decree, is actually separate from your agreement, and it should be treated as such. It is a specialized legal area - and not all divorce attorneys have experience with them, so be diligent in your search for one.
Divorce 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.
Since the recession, the number of female-run businesses in the United States has increased at a rate five times higher than all other corporations. Female-owned businesses have also seen the greatest revenue increase over that same time-period (35 percent increase in women-run businesses compared to 27 percent among all other U.S. businesses). Sadly, female entrepreneurs still have a major disadvantage in the business world: In divorce, female entrepreneurs typically assume far more risk than their male business-owning counterparts. Learn how you can protect your company and your financial future with the assistance of a seasoned, competent divorce lawyer.
Is Your Spouse Entitled to a Portion of Your Company?
Not all businesses may be divided in a divorce. Companies that are started prior to the marriage are not typically considered a marital asset, and they may not be divided in the divorce (unless marital money was co-mingled with company funds). However, the owner of the company may still owe their spouse a settlement or alimony if certain contributions were made (i.e. staying home with the children while the owner grew their business), even if the business is not to be split in the divorce. A seasoned attorney can help you determine if your business is a marital asset, and they can assist you in protecting it.
In an Illinois divorce, parties divide their assets in an equitable manner. However, not all items can be divided or split. Some items can also be difficult to value; art is a prime example. Learn more about how difficult-to-divide assets like artwork are divided in a divorce, and discover how a seasoned attorney can help to protect your financial future.
The Value of Art
Legally speaking, artwork purchased during the marriage is no different than any other valuable asset; it is appraised and receives a dollar value and is then added to the overall total of the marital estate. Parties can then either sell the artwork and split the proceeds in an equitable manner, or one party can “buy” the other out by offering other assets in lieu of the artwork.
Unfortunately, it is not always easy to place a value on artwork. Appraisers can only offer estimates on what a piece may go for if it is sold, and the values can be different from one appraiser to the next. Having one party that is particularly attached to their art collection can even further compound the issue. How do couples work around such issues?
Divorce can be a costly process, but it does not have to be. In fact, there are several strategies that parties can use to save money on their proceedings. Learn more about them in the following sections, and discover which purported money-saving tips can actually do more harm than good.
Avoid Litigation Whenever Possible
While negotiated divorces can be complex and costly, they tend to be less expensive than litigated divorces. Part of this is due to the way proceedings are conducted (going to court is generally most expensive than meeting with a mediator), but there are other factors involved as well. For example, a litigated divorce places your financial future in the hands of a judge; in mediation, you tend to have more control over the outcome of your case.
Know What You Own
While many parties choose to talk to their spouse before an attorney, doing things this way can greatly increase the risk of “lost” paperwork and hidden or depreciated assets. Most lawyers suggest that you gather financial documentation and supply it to them before breaking the news to your spouse. Not only does this give you the knowledge and information you need to negotiate effectively in your case, it can also give you more time to decide what it is that you really want out of your divorce.
Once the difficult decision to divorce has been made, parties often struggle with how to break the news to their family, friends, and children. While everyone is different and each couple will decide how to proceed, based on what works best for their needs, there are some hard and fast rules that you can use when talking to those that are closest to you. The following also provides some valuable information on what an experienced attorney can do to assist in your divorce.
Avoid a Social Media Frenzy
Social media has become the way to communicate these days, but it is not necessarily the best way to break the news of a divorce - especially when it comes to family and friends. Sharing that you are going to divorce online can also cause a tense social media situation if you and your spouse have mutual family and friends. In short, conversations like this are typically best held in person. If distance and finance will not allow for an in-person conversation, a phone call may suffice.
Even in the best of circumstances, divorce can be a massive undertaking. What happens, though, when you feel like you are dealing with the worst of circumstances? How do you handle a spouse that refuses to compromise during negotiations? What recourse do you have if you suspect asset hiding or depreciation during your divorce?
Some parties choose to take such complex matters to litigation, but it is not the best option for everyone. Learn how to determine if litigation may be the most appropriate course for your Illinois divorce, and discover how the assistance of a seasoned and competent attorney can help to improve the outcome of your case, regardless of the path you chose.
Negotiation versus Litigation
Although there are many ways to approach divorce, cases are typically settled in one of two ways: through negotiation or litigation. Negotiated divorces are those in which parties compromise and agree upon specific terms (mediation, alternative dispute resolution, etc.). Litigation is when a case is heard by the court and a judge determines the outcome.
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