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What are the advantages of an uncontested divorce?

 Posted on May 09, 2023 in Divorce

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Uncontested divorce refers to a divorce case in which both spouses who are ending the marriage agree on all the basic terms of the divorce settlement without having to go to trial. They’re already on the same page and willing to work together and compromise.

Conversely, a contested divorce doesn’t mean that they are contesting whether or not the divorce should be allowed. It just means that they can’t agree on issues like how to divide custody time with the kids or how to split up assets. Their divorce will happen either way.

Main advantages of uncontested divorce

As you can imagine, there are some major advantages to an uncontested divorce. Below are a few to keep in mind. An uncontested divorce:

  1. Saves time and money: Uncontested divorces are often faster and less expensive than contested divorces, which can be lengthy and costly.
  2. Reduces stress: By avoiding the stress and uncertainty of a trial, uncontested divorces can be less emotionally draining for both spouses. They make the process easier for all involved.

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Understanding the discovery process in divorce

 Posted on May 05, 2023 in Divorce

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There are many things to resolve during the divorce process, from the division of debts and property to spousal and child support. Without having a clear picture of all the assets and financial aspects associated with the marriage, you could make the wrong decision.

The discovery process is crucial to help understand all the assets and debts.

What is the discovery process?

The discovery process entails revealing information that might be relevant to the divorce case. This information might include tax returns, real estate paperwork, and other relevant information. In addition, this process can help uncover any hidden assets and give you a clear image of all the assets and debts. That said, the discovery process can be easy or difficult, depending on how collaborative you are with your ex.

The following are the steps involved in the discovery process:

  • Formal request and disclosure: During this stage, both parties send each other copies of all information relevant to the case. In Illinois, full disclosure is required. Therefore, both parties must disclose all information.

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Can you date during a divorce in Illinois?

 Posted on April 28, 2023 in Divorce

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You’re getting divorced, but it feels like the process is taking a long time. For one thing, you and your spouse were separated for six months before you even started the official divorce process. Prior to that, the two of you weren’t getting along. Now the divorce itself is taking nearly a year to complete.

In other words, you feel like you’ve basically been out of a relationship for two years. You are technically not divorced yet, but you’re wondering if it’s OK for you to start dating. Can you start another romantic relationship before your marriage ends?

It’s legal, but problematic

Legally speaking, you don’t have to worry about being arrested. It’s not illegal to date during your divorce. The court isn’t going to “punish” you for starting another relationship.

But it can be problematic for a few reasons. For one thing, it can just make the divorce more contentious. If you want things to go smoothly, it may be best to wait to begin dating someone new until after the divorce has concluded.

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On what grounds can spousal support be modified?

 Posted on April 25, 2023 in Divorce

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Divorce should ideally mark a clear split. However, most divorce cases are never clear breaks. If you share a child with your ex, you will certainly interact with them from time to time. The same is true when there is an active spousal support order.

Spousal support, or alimony as it is commonly known, is intended to help the receiving party cope with the financial downturn that is occasioned by the divorce. Ideally, spousal support is meant to give the receiving party financial footing through skill acquisition and job training and/or experience. However, like child support, spousal support can be modified based on the following circumstances:

When there is a change in either party’s income

If you lose your job or income source and, thus, a significant change in your income, you may petition the court to modify the existing spousal support. Likewise, if the receiving party experiences a significant pay rise, they may not need the same amount of help to maintain their pre-divorce living standard. For this reason, you may petition the court for a review of the current order. However, you may not intentionally quit your job to avoid paying spousal support.

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How to ask your spouse for a divorce

 Posted on April 18, 2023 in Divorce

Whether you approach the situation with a, “Hey honey, I think we should divorce, or “I’m through with you. This marriage is over,” telling your spouse that you want to divorce won’t be easy.

The following tips might help if you are wondering where to begin:

Choose your moment carefully

Be considerate when picking a moment. Straight after your spouse has returned from someone’s funeral or the day before they have a big exam is not the right time. Nor are events such as your child’s birthday. Once you have this conversation, your spouse will struggle to think about much else for at least a few days, so pick a time when they have a clear schedule ahead.

Know what you’re going to say

You do not need a whole speech mapped out, but you need to be clear about what you are telling them to avoid mixed messages. If your decision is final, you need to convey that, not make it sound like there is still a chance to turn things around.

Be prepared to listen

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Is birdnesting custody a good idea?

 Posted on April 14, 2023 in Child Custody

When a marriage or relationship ends in divorce, sometimes the thought of two homes and empty arguments over who gets which days with the kids can seem overwhelming. Fortunately, there is an alternative: birdnesting.

In this arrangement, children stay put in the family home while one parent rotates out to accommodate the time between both parents. Instead of upheaval and resentment, this situation can create a respite for all parties involved.

Benefits and drawbacks of birdnesting

The idea behind birdnesting is to provide stability for the children by allowing them to remain in the family home and maintain their routine. This way, the children don't have to adjust to a new environment or be uprooted from their familiar surroundings. It also allows them to spend time with both parents in one place without switching between households.

There are both pros and cons to this type of arrangement. On the plus side, it can help reduce stress and anxiety for children during a difficult times. It also allows them to stay connected with both parents while having some sense of normalcy. Additionally, it can help reduce conflict between parents since they don't have to worry about exchanging kids back and forth between homes.

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Could a job loss lead to divorce?

 Posted on April 03, 2023 in Divorce

Divorce happens for many different reasons, and every couple’s case is unique. It could be something simple, like discovering that your spouse was having an affair. But it could also be something more complex, like getting married too young and then drifting apart over time as your brain continues to develop and you change as a person.

One thing that people often note as a reason for divorce is job loss. In fact, studies have found a correlation. Those who lose their job see an increase in the odds that they will also end up getting divorced. This doesn’t guarantee it, of course, but simply means that it is more likely for someone who suddenly becomes unemployed.

Why does this happen?

The big reason that this happens is simply that a marriage is likely to be more stable when there is financial security. If the couple can make ends meet and pay other bills easily, it removes a lot of potential stress from the relationship. When someone loses their job, it calls this stability into question and it creates a lot of financial stress. That can take a toll on the relationship.

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2 steps to preparing your finances for the divorce

 Posted on April 03, 2023 in Divorce

When all reconciliation attempts fail, a couple might have no choice but to divorce. This is a tough undertaking – both financially and emotionally.

Divorce comes with several elephants in the room. One of these involves untangling the couple’s finances. Long before the subjects of child and spousal support come up, you will need to prepare your finances for life after the divorce.

While each divorce is unique, the following tips can help you prep your finances for your impending divorce:

Keep an eye on your income and expenditures

As soon as it becomes clear that you are headed for a divorce, it is important that you start tracking your income and expenses. This is crucial for two reasons:

  • It will help you accurately disclose your marital assets for purposes of property division per Illinois equitable distribution laws.
  • It will help you create a working post-divorce budget

Tracking your income and expenses is crucial for litigating child support and alimony awards.

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Illinois divorce: 3 don’ts to improve your post-divorce life

 Posted on March 31, 2023 in Divorce

Some in the middle of a divorce do not look far past the end of their ordeal. In other words, they want to complete their divorce as fast as possible so they can start building a new life.

Unfortunately, a favorable divorce settlement is usually a prerequisite for successfully starting over. The following divorce “don’ts” could significantly improve your post-divorce economic circumstances.

1. Don’t discount spousal support

No matter how proud or bitter you may feel, do not dismiss the prospect of seeking alimony without careful consideration. Most people underestimate how expensive it is to survive on one income after combining economic resources with another for many years.

Even a short-term spousal support award can do much to improve your post-divorce financial circumstances. For example, it can help support you while you seek career training or education.

2. Don’t give in to unfair property demands

During property negotiations, you may feel tempted to agree to your spouse’s requests or demands to ward off an argument. While understandable, doing so could significantly harm your future finances. Look closely at any assets your spouse fights for aggressively.

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How to share a home with your spouse during divorce

 Posted on March 27, 2023 in Divorce

When a marriage is no longer tenable and you decide to divorce, one of the biggest issues you will contend with is whether you should leave the family home or not during the divorce process. Of course, either decision has repercussions. Sharing the same living space with your spouse can be quite uncomfortable. On the other hand, moving out could impact your property division goals.

If you decide to live together during the divorce process, it is important that you come up with some ground rules. Here are three helpful tips that can help you share the home with your soon-to-be ex while working out the terms of your divorce.

Establish a personal space

Even if the divorce is amicable, it is important that each spouse has a space they can call their own. This includes having separate bedrooms and closets. Additionally, you need to discuss how you are going to share common spaces like the kitchen, washrooms and living room. If you have shared computers or had similar passwords, you may want to set boundaries here too.

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