Posted on July 22, 2024 in Divorce

When people think of the divorce process, they often imagine arguing their case before a judge. This is called litigation, and it is considered a traditional way to dissolve a marriage. It is also, however, considered a last resort. A court battle between two divorcing parties can be extremely costly and time-consuming, which may be why only five percent of divorces end up in litigation.

Most divorces are settled out of court in a process called alternative dispute resolution. There are two main types of alternative dispute resolution used for divorce settlements:

• Mediation

• Collaborative divorce

While mediation is more common, collaborative divorce is also rising in popularity. Both are best done with the help of an Illinois divorce attorney. This article will discuss what collaborative divorce is and its pros and cons.

What Is Collaborative Divorce?

Collaborative divorce is a private divorce process in which the attorneys for each side work together to try to reach a settlement. Each lawyer may hire teams of experts as needed, professionals who are neutral parties and can assist in certain areas. For example, one of the attorneys may retain a child development expert to shed light on a child custody issue. The other might bring in a forensic accountant to find hidden marital assets.

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 Posted on July 20, 2024 in Property Division

Up until January 1, 2016, you needed a good reason to get divorced in Illinois. You had to show the court that either you or your spouse was at fault for causing the divorce by engaging in certain behaviors like adultery, substance abuse, alcohol abuse, mental or physical cruelty, abandonment, and more.

But since 2016, Illinois has been a no-fault divorce state. This means that the law does not blame either spouse for causing the divorce, and you no longer need to show a court that one of the parties destroyed the marriage. All you need to tell a court when filing the divorce papers is that you and your spouse have "irreconcilable differences."

This change in the law not only made getting divorced easier but also affected the divorce process. In this article, we will discuss how no-fault divorce specifically impacts property division. To find out how no-fault divorce impacts other parts of the divorce procedure, contact an Illinois no-fault divorce attorney.

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 Posted on July 14, 2024 in Divorce

Divorce can not only be emotionally taxing, but it can also drain your finances. Legal fees, alimony, child support, and property division all can affect your economic situation. However, dissolving your marriage does not need to break the bank. There are strategies that you can use to ease the financial burden that many people experience in divorce.

This article will discuss three ways to lower the cost of your divorce. Consult an Illinois divorce attorney about other ways you can keep your economic future as secure as possible.

Stay Out of Court

One of the best ways to avoid wrecking the bank is to avoid a court battle, also known as litigation. Legal fees for court appearances alone can cost you tens of thousands of dollars, which is particularly high considering litigation is often not necessary. Most divorcing couples are able to reach settlements through alternative dispute resolution.

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 Posted on July 10, 2024 in Annulments

Divorce is a complex legal process. Without the right Illinois divorce attorney, it can be utterly overwhelming. Some spouses therefore look for ways around divorce, such as other legal procedures that may allow them to avoid the headache of the divorce process. Mistakenly, some think that annulment is a simpler alternative to divorce. However, this is usually not the case.

Whereas divorce ends the marriage, an annulment makes it so that the marriage never existed. This is done in cases where the marriage is illegal or illegitimate to begin with. This article will discuss when a marriage can be annulled and the annulment process.

Can My Marriage Be Annulled?

When a court grants an annulment, it means the law considers the marriage to have been invalid from the start. A couple has valid grounds for annulment if:

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 Posted on July 06, 2024 in Divorce

Digital technology influences almost all aspects of our lives. People manage their finances, accomplish everyday tasks, and conduct relationships over their digital devices. Sometimes, digital technology can even end a marriage. More than one divorce has been triggered by a spouse discovering intimate messages from his or her significant other to an illicit lover.

The divorce process is also impacted by technology. In this article, we will discuss three tips for getting divorced in the digital age. It is always best to speak with an Illinois divorce attorney about how you can use technology to your benefit in a divorce.

Use Co-Parenting Apps

One of the most difficult parts of the divorce process is co-parenting. You and your ex-spouse will be required to follow a parenting plan, a set of court-approved guidelines for parenting your child after the divorce. The parenting plan will include provisions for:

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 Posted on July 06, 2024 in Divorce

Divorce sometimes reveals an imbalance between two spouses. One spouse, for example, might be a stay-at-home parent who is unemployed, while the other may be a high-powered executive. A court, therefore, may order the party who is better off financially to pay spousal support, or alimony, to the unemployed parent.

However, a divorce can sometimes drag on for a long time. Some divorces carry on for a year or more. During this time, an unemployed spouse may need financial assistance until the judge issues the final court order requiring the working spouse to pay alimony. In such a case, the unemployed spouse’s Illinois divorce attorney may ask the court to sign a temporary relief order.

What Is a Temporary Relief Order?

As the name suggests, a temporary relief order is a legally binding decree that grants temporary financial relief to one of the parties during the divorce process. This relief can be in many forms. In the scenario above, the order would instruct the party with financial means to support the spouse with none.

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 Posted on June 29, 2024 in Child Custody

Divorce can be devastating for children. Research shows that kids whose parents get divorced are more likely to develop anxiety, behavioral issues, or learning challenges than others. They can become withdrawn and have problems developing healthy relationships.

It is common for a child’s relationship with his or her parents to also be impacted. Children sometimes blame their parents for the marriage ending. In some cases, children blame themselves.

On top of that, life after divorce takes a lot of adjustment, especially for children:

• The child no longer comes home to mom and dad at the end of the day; now it is one or the other.

• Each parent lives in a different house, in a different environment, and sometimes with different rules.

• Parents now split parenting time, or physical custody, according to the parenting plan drafted by your Illinois divorce attorney.

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 Posted on June 28, 2024 in Divorce

Getting divorced can be an emotionally and financially draining process. The more it drags out, the more difficult and expensive it can get. Unfortunately, many couples find themselves embroiled in hostile, drawn-out divorce proceedings. Sometimes, this is for valid reasons, like if complex assets need to be divided. Other times, however, the extra time can be avoided.

One way couples can shorten the divorce process is by hiring a competent Illinois divorce attorney. A lawyer with experience can help prevent some of the pitfalls that lengthen the divorce proceedings.

Here are four ways to speed up the divorce process.

Joint Simplified Dissolution of Marriage

In some cases, a couple can file for a joint simplified dissolution of marriage. This is a quick and simplified divorce procedure that applies only when the spouses meet certain criteria, such as:

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 Posted on June 21, 2024 in Property Division

Student debt has received significant media attention in recent months due to the political debate over student loan forgiveness. More than 40 million Americans owe student debt, which is about 13 percent of the United States population. Together, they owe about $1.60 million in federal student loans, which breaks down to about $55,347 for the average American household.

It is common for married people to have student loans. But what happens to those loans in a divorce? Is it divided like other debts?

To understand what happens to student debt in an Illinois divorce, it is first important to understand marital debt. Keep in mind that the best way to find out what will happen to your student loans in a divorce is to ask an Illinois debt division attorney.

What Is Marital Debt?

Financial obligations that belong to both spouses are called marital debt. For something to qualify as marital debt, it must satisfy the following criteria:

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 Posted on June 20, 2024 in Asset Division

When two people get divorced, they are both entitled to marital property. Spouses can divide their possessions among themselves or a court can do it for them. Either way, asset division is a process that can be very difficult, depending on the value of the assets and how complex they are. Some assets like real estate, for example, may need to be sold in order to be divided fairly.

However, you may not want to sell the property you are entitled to. Some spouses, for example, prefer not to sell the family home in a divorce. Having an Illinois asset division lawyer by your side can help you preserve property while ensuring you receive your fair share.

This article will discuss what marital property is and when it is sold.

What Is Marital Property?

Marital property, according to Illinois law, refers to possessions that either spouse acquires during a marriage. If you bought a car while you were married, for example, your spouse has partial ownership of it, even if you have been the only person to drive it.

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