However, handling the terms of divorce and properly dividing up assets is a battle that many individuals aren’t prepared for. Because of this, hiring a Cook County divorce attorney should be seen as a necessary first step in any divorce case.
With experienced representation, you can ensure the fairest and most logistical division of assets, as well as a smooth transition that could help lead to a more peaceful co-parenting relationship, should there be any children involved.
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How Do You File for Divorce in Illinois?
The process of a divorce begins with either spouse choosing to go to the courts and file a petition for the dissolution of their marriage. Both parties do not have to be involved in filing the petition, but both parties will have to be involved in the divorce proceedings.
While many states handle divorces differently, Illinois dictates that all divorces that go through must be “no-fault divorces”. A no-fault divorce simply entails that the spouse that is filing the petition for the dissolution of said marriage has experienced irreconcilable differences with their significant other.
If the two parties involved in the divorce have been living separately for a period of either six months or more, this will stand as automatic proof to the courts that there are irreconcilable differences.
How Expensive are Divorce Attorneys?
Divorce attorneys are often the most expensive part of a divorce. However, having an experienced divorce attorney will oftentimes pay for itself, as it will save you money in the long run on both terms of the divorce and allocation of property.
As well, if there are children involved, there is no monetary value that can be placed on their health and happiness. For this reason, having experienced divorce counsel could be seen as a necessity regardless of the cost.
When it comes to divorce, no expenses should be pulled in guaranteeing you and your family the best future possible. With an experienced lawyer in legal separation, your divorce doesn’t have to be scary.
What Is Uncontested Divorce?
An uncontested divorce is a decree that neither person is fighting.
In fact, the couple doesn’t have any financial, property, or custodial disputes and choose an uncontested divorce to amicably end their marriage. Couples also choose an uncontested divorce because there is often times, no need to appear before a judge. More importantly, an uncontested divorce saves time and money.
A couple that gets an uncontested divorce were able to work out their differences and agree on the four elements of divorce.
The four elements of divorce include:
It’s best to hire a professional even if you’re filing for an uncontested divorce to avoid any future discrepancies. Divorce proceedings don’t always have to be messy or disputed in front of a judge by choosing an uncontested divorce.
What Do Divorce Negotiations Entail?
A great deal of the modern Illinois divorce process is made up of the parties negotiating appropriate terms for their divorce settlement. Should the two parties be able to work amicably, these terms can be negotiated without the need for a judge to preside over them and will generally just involve the two parties and their respective divorce lawyers.
Mediation may be involved and maybe either set-up or performed by the attorneys or by the courts. Mediation works to help both parties focus on the greater good; common interests that both can get behind to help them reach some common ground.
Such topics will typically include children, as both parties will generally be concerned for the best interests of any children involved above anything else should children be a factor in the divorce.
If negotiated terms cannot be reached on any issue, it will then be up to the judge to make the ultimate decision regarding any terms in the divorce. Since these terms decreed by the judge may often grant neither parent their ultimate wishes, it is always best to try and reach common ground with your respective other during the process of a divorce.
Whether negotiations are viable or not, having experienced counsel with you every step of the way will ensure both fair mediation and a fair fight should the terms have to be decreed by a judge.
How Are Assets Divided in a Divorce?
Besides the matter of child custody, financial matters are one of the biggest issues that come up during the divorce process. In marriages, the two parties involved essentially become one joint party with shared property.
Once this single party is split back into two, assets will need to be divided as fairly as possible between the two parties. Just how to do that fairly can be a little tricky to determine, as there is no cut-and-dry way that the judge will use to determine who gets what in every situation.
Of course, property and assets that are accrued separately by either party with their own funds, either before or during the marriage, will usually clearly belong to the party that purchased them.
However, there is a lot more gray area when it comes to property accrued during the marriage with mutual funds. It is once again best for both parties to try and negotiate these terms fairly themselves, but that is often easier said than done.
Our exceptional family law team is ready to assist you with legal issues like property division and legal separation.
Contact a Cook County Divorce Attorney for a Free Consultation
If you are currently going through a divorce, or even if you are just fearful a divorce might be on its way, you should waste no time in procuring for yourself the best legal representation money can buy. With our years of experience in both divorce and family law, we can help you every step of the way in ensuring the best outcome for you and any other party, whether that means your significant other or your children.
Divorces are serious business, and they can be some of the most personal court battles that a person can go through. With the right legal counsel on your side, your divorce can go down smoothly, ensuring the brightest future for you and yours.
Get in touch with one of our dedicated Cook County, Illinois attorney for legal advice. We offer a free initial consultation to answer all of your legal issues.