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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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DuPage County divorce lawyerWhen going through the divorce process, the vast majority of Americans are concerned about their financial well-being, post-divorce, and their eagerness to move forward from the relationship. For parents, however, the divorce process can be the most emotionally stressful time in their lives. When fighting for decision-making power in the lives of their children - whether full, partial, or somewhere in between - parents are sometimes faced with the thought that they may have very little say over their child's life, upbringing, or education. 

Parents who fear that their spouse may make poor decisions may also worry about the potential consequences that their children may face, should they become collateral damage in a negative situation. Fortunately, a quality legal team can assist you in winning custody (the power to have final say over decisions regarding your children) using knowledgeable and aggressive representation.

Why You Should Be the Primary Custodial Parent?

An experienced family law attorney will always ask you what your top priorities are throughout the divorce process. For parents with minor children, the highest priority is routinely child custody. In order to win a custody battle, it is important to focus on why you should be the one awarded final decision-making power, as well as why your former-spouse should not.

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Wheaton orders of protection attorneysEvery single year, more than 10 million Americans face some form of domestic abuse from an intimate partner. For women, domestic abuse from a spouse or partner is incredibly common. According to the National Coalition Against Domestic Violence (NCADV), approximately 1 in 3 American women face some form of physical violence (slapping, punching, pushing, or life-threatening violence) from their intimate partner during their lifetimes. If you are being abused by your spouse, it is important to contact law enforcement officials and seek a way out of the relationship. Fortunately, a quality legal team can help you develop orders of protection and expedite the divorce process.

The Importance of Leaving the Relationship

In cases of domestic violence, many victims let their feelings for the abuser (or fear over the risk of an abuser's retaliation) be the reason they stay. In all reality, outside of increased chances of potentially fatal injuries, repeated domestic violence can only come with harmful ramifications.

Repeat domestic abuse victims are more likely to face post-traumatic stress, increased anxiety, and a lack of self-confidence. Additionally, children involved in households in which domestic violence is present are more likely to be physically harmed themselves. According to the NCADV, 1 in 15 American children witness domestic abuse at home. What is more, these children may suffer maladjustment issues because of the abuse they have either witnessed or experienced, and that can have life-lasting ramifications. 

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Illinois divorce lawyersTaking the step to file for a divorce can be one of the most difficult decisions in your life. Although it can represent a new brighter chapter in your life, the decision to separate can backfire, especially when you proceed without proper legal representation. From securing your marital assets to helping you fight for child custody, a quality family law team can ensure a happy and secure future for you and your family. If you are in the midst of a divorce, picking the right attorney can make all the difference.

Choosing the Right Lawyer

As you begin the divorce process, the most important step you can take is ensuring you choose the "right" attorney. When picking your divorce lawyer it is important to take into account their legal background, the experience of previous clients, your own needs, and your connection with the attorney.

Asking your prospective divorce lawyer about their experience in the field should be one of the first steps you take in your initial meeting. Using client testimonials and inquiring about previous victories can give you insight into how an attorney could impact your divorce. Lastly, only you can decide if you truly trust and believe in an attorney. If you do not have a good feeling about a potential lawyer, they are more than likely not the right fit for you.

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Posted on in Divorce

DuPage County divorce lawyersWhen navigating the divorce process, it is common for parties to feel discomfort while going over contentious issues. For many, the most contentious issues revolve around a couple's marital property. Regardless of the economic position of the couple, property division can include nuanced financial portfolios, valuable assets, and land property. As you and your legal team prepare for the divorce process, it is important to first gain an understanding of marital property division.

What Constitutes Marital Property

Here in Illinois, marital assets must be equitably distributed. To be clear, that simply means that all marital property must be divided fairly (not equally). Before a court can make any decision concerning marital assets, they must first determine what property is marital and what property is non-marital.

According to Illinois State Law, marital property is defined as property acquired during the marriage. Marital assets can range from real estate and vehicles to bank accounts and business interests. Non-marital assets include real estate acquired prior to the marriage, property or assets that are excluded because of a prenuptial or postnuptial agreement, and property or assets that were purchased with nonmarital assets.

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