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DuPage County amicable divorce attorneyIf you are thinking about divorce, it is important to carefully consider the information and advice that you are getting from others. Even though they have good intentions, many people unknowingly spread rumors and false information about issues like property division, child custody, or spousal support. Television and movies have also perpetuated many of the popular falsehoods regarding divorce. The best place to get legal advice and dependable support is an experienced divorce lawyer.

Myth #1: Infidelity or Marital Misconduct Will Be a Crucial Factor

Cheating and infidelity have ended countless marriages. If you are divorcing because one of you cheated, you may assume that this “marital misconduct” will play a major role in your divorce. On the contrary, the reason that a marriage ends rarely affects the outcome of a divorce in Illinois. Illinois is a no-fault divorce state, which means that there are no fault-based grounds for divorce. You will simply state that “irreconcilable differences” have led to the end of your marriage. In addition, marital misconduct will usually not be considered when addressing the division of marital property, spousal maintenance, or parenting issues. The main way that infidelity can affect a divorce is if the unfaithful spouse spent considerable money or property to finance the affair. In this case, the wronged spouse may have a valid “dissipation of assets” claim, and they may be awarded a greater share of the marital estate.

Myth #2: Everything Will Be Split Equally

Division of assets and debts in a divorce is handled differently depending on the state. In Illinois, property is divided according to “equitable distribution.” This means that property is divided fairly based on the spouses’ financial circumstances and other factors. Spouses may also settle property division issues on their own, outside of court. Mediation is an alternative resolution method that many spouses use to discuss their divorce issues and reach an agreement about how ownership of their property will be handled.

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Posted on in Divorce

Lombard divorce attorney avoiding conflictWhile a divorce can represent a new opportunity for two parties to find independent happiness in their lives, most people view divorce as a negative thing. When many people think about the divorce process, they picture lengthy court battles and volatile arguments between former spouses. However, many divorces can be calmly and amicably executed, as long as both parties strive to maintain a working relationship throughout the process. 

Working Towards a Conflict-Free Separation

In 2017 alone, 787,251 American couples chose to get divorced. While some of those divorces may have been aggressive and unhealthy, many divorces can represent a seamless transition into a new chapter of one’s life. Still, in order to ensure a healthy separation, one must work diligently with their partner to avoid conflicts. Here are a few simple steps that you can take to ensure that your divorce goes as smoothly as possible:

  • Trust Each Other: In order to cooperatively navigate the divorce process, both parties must have a certain amount of trust in one another. If your former spouse believes that you are actively compromising their financial future, it will be difficult to work together. Speak with your legal team about the possibility of sitting down with your former partner, addressing the concerns you have, and working together to reach a positive resolution.
  • Share Common Goals: As you go through a divorce, in order to work cooperatively with your former partner, it is critical to have shared goals. This could be a desire for both parties to have sufficient retirement plans, or for both parents to have a role in the custody of children. Regardless of what the goal is, understanding that you both have certain criteria that you want to work together to meet can be helpful in resolving conflicts over other topics.
  • Work Towards a Friendly Relationship: A divorce represents a new chapter in your life, but in many cases, it is not the end of your relationship altogether. If you and your former partner are going to share custody of your children, you will have to continue to work together as a parenting team. For many parties, a mutually beneficial divorce can be the first step towards developing a foundation for a new friendship.

Contact a Wheaton Family Law Attorney

At the Stogsdill Law Firm, P.C., our team fully understands how emotionally challenging the divorce process can be. As you cope with the changes you are experiencing as you separate from your spouse, we can help you ensure a vibrant and stable financial future for you and your family. If you are looking to work cooperatively with your former spouse throughout the divorce process, we are happy to discuss potential options, including divorce mediation. To schedule a consultation with an experienced DuPage County divorce lawyer, call us today at 630-462-9500.

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Posted on in Divorce

Wheaton divorce lawyersWhile many divorces can be stressful and contentious, the vast majority of divorces can be settled amicably by the two parties involved. When a judge becomes involved in the divorce process, the outcomes are no longer in the control of the people impacted by them the most. If you and your former spouse believe you can work through the divorce process together, a collaborative law divorce may be the right choice for you.

Collaborative divorce is a process in which couples who have elected to file for divorce, can work with their lawyers to achieve a mutually agreed upon settlement. If you and your partner want to attempt to work through the collaborative divorce process, it is important to consult with your legal team to begin preparation for the process.

Preparing for a Collaborative Divorce

In order for a collaborative divorce to work smoothly, both parties must be willing to cooperate and compromise. While speaking with your legal team, they will likely prepare you emotionally for the process. Despite the fact that these divorces can usually be settled much quicker than the standard divorce process, it is important to come into the process with a strong level of patience. Remember that this process is incredibly difficult for your former-spouse as well.

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