As the world slowly begins its back-to-normal phase, the aftermath of the pandemic has left a lot of devastation in its wake. If your marriage didn’t survive quarantine, here’s how to get your finances back on solid ground after a divorce. Read more
After a lot of reflecting, you’re considering the major decision to get a divorce. Because each state’s laws vary, you need to know how to best protect yourself as you begin this extremely daunting journey.
In Illinois, a divorce is called a dissolution of marriage, which will always accomplish two things:
1: Severing the marital relationship.
2: Dividing assets and debts.
If one person is unable to be self-supporting post- divorce, the issue of alimony may also arise. If there are children involved, child custody, support and parenting time will need to be resolved.
Knowing how to get divorced isn’t something most of us know how to do until we absolutely have to do it. If you’re considering a split, knowledge is power. To that end, we’ve laid out the process of getting divorced in Illinois, one step at a time.
Step 1: Do you NEED to get a divorce?
The first step is to try everything else possible. Including couples counseling, therapy groups, mediation, even a getaway together to truly decide if the separation is what you both want. While everything in the heat of the moment seems unfixable, you should explore every other possible option before deciding on ending a marriage.
You may think that things have deteriorated too far in your marriage to be able to save it, and that a divorce is your only option. Asides for cases involving physical or emotional abuse, there could be hope.
Step 2: Educate Yourself
So, you’ve decided separation is the only option. Not only should you emotionally prepare for what is to come, a smart move is to get the right legal advice right away.
Choosing a knowledgeable end experienced family law attorney will help you determine the full scope of your marital estate, search for hidden assets, and develop your settlement strategy before you pull the trigger. Your attorney can also walk you through different settlement approaches.
Step 3: Choose a Separation Process
Many individuals considering divorce are not aware of the fact that there are different approaches or processes to obtaining a divorce. In Illinois the main types of separation include:
- Contested Divorce: The “contested divorce” is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage.
- Uncontested Divorce: this is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts, (parental allocation) child custody, child support, and spousal support (“maintenance”).
- Divorce Mediation: this is where you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible.
- Legal separation: For individuals with religious concerns or insurance issues who may be discourage from seeking a formal divorce a legal separation could be the preferred course of action.
Step 4: Start Obtaining Paperwork
Divorce = paperwork. And a lot of it. At the same time, collecting, sorting, and organizing financial documents is nothing short of hell for most people. The sooner you can start collecting and organizing your financial paperwork, the more smoothly your divorce process is likely to go.
It’s also worth noting your ex-partner could begin hiding assets at this stage through bitterness and resentment. Therefore, obtaining all the information as quickly as possible is highly recommended.
Step 5: File the Paperwork
In order to file for dissolution of marriage in Illinois, either you or your spouse must be a resident of Illinois for at least 90 days. You and your spouse also need to have been separated for at least two years. You may file in the Circuit Court in the county where either of you live.
Work closely with your family law attorney during this stage. As well as the divorce filing, you may have to issue temporary orders such as temporary spousal and child support and custody orders. This will all depend on the facts of your case, as each case presents a unique set of facts for the court to consider.
After stages 1-5 are complete, your petition will either go to trial, or reach a settlement out of a court, depending on your individual case details and whether you and your ex were able to reach such an agreement.
Divorce is frightening and can be overwhelming. But when you break it down into small, manageable steps, like those outlined above, it becomes somewhat “do-able”.
Sometimes the length of the Illinois divorce process simply comes down to how well you and your soon-to-be ex-spouse communicate, but by knowing how divorce works – and what you’ll need to do first – can help you move forward with confidence.
Divorce Services from Masters Law Group
Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and wellbeing in mind.
Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.
Divorce cases involving substantial assets or complex estates require specialized knowledge. Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.
Talking to your partner about the practicalities of separation or divorce can be extremely difficult. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place.
Mediation is one of the most frequently used methods of negotiating a divorce settlement. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. Topics covered in Divorce Mediation include:
- Child custody
- Child support
- Property/Asset division
- Retirement accounts
While mediation sounds like an ideal solution for separating, there are pros and cons to consider first.
Pros of Divorce Mediation
There are several key benefits to using mediation for your divorce that have contributed to its growing popularity:
- Speed: Because you do not need to wait for a court date, it is usually much faster to get divorced using mediation than by going to court. By getting you and your ex-partner in one place, it can also speed up communications between you.
- Voluntary: Mediation is a voluntary process, so there is absolutely nothing forcing you to agree to anything that you find unacceptable during the mediation process. The fact that mediation is voluntary allows many divorcing spouses the sense of ownership and independence they need to feel comfortable making important compromises and decisions.
- Control: Mediation allows you to keep control of your divorce, rather than leaving the final decision in the hands of a judge.
- Privacy: When you go to court, the proceedings are held in public, meaning the details of your divorce, including any financial settlement will be made public. Mediation allows you to keep your divorce private, meaning the details will only be known to your and your spouse.
- Cost: Mediation is generally much less expensive that court action because of the lower legal fees involved.
Cons of Divorce Mediation
Mediation is not the right answer for every divorcing couple, and there are some important elements of mediation that can be disadvantages:
- Disputes: Mediation is not useful if the parties cannot engage in open dialogue with each other or if your spouse is more aggressive than you.
- Hiding Assets: If your spouse is hiding assets, the mediator may not ever find out. If you have an attorney representing you, the attorney can use the discovery process and independent investigation to determine whether your spouse is hiding assets.
- Fairness: Mediation does not guarantee a fair outcome.
- Not for Complicated Matters: Mediation is not appropriate for certain cases, such as those involving domestic abuse and addictions.
Contact an Illinois Divorce Lawyer to Help with Your Mediation
Masters Law Group have many years of experience helping people to get divorced quickly, cost-effectively and with minimal conflict using mediation and other non-confrontational methods. With a sensitive but practical approach, we aim to make getting divorced as straightforward as possible.
Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.
We look forward to learning more about you and how we can assist as your Divorce Mediators.
An amicable – or uncontested – divorce may seem impossible with the emotions involved in dissolving one of the most important relationships you’ve committed to. However it is not unreachable.
Divorce is probably one of the most difficult experiences a person can endure. An amicable divorce almost always means an uncontested divorce, where both spouses agree to property division, spousal and child support, visitation and custody. This does not mean to say both parties need to remain good friends after the fact, it simply means the spouses don’t fight and enter an agreement reasonably, without litigation.
Uncontested Divorces in Illinois
An uncontested divorce (referred to as a “dissolution of marriage” in Illinois) means that both spouses agree on all the key terms of the divorce.
Individuals can reach an agreement on their own or with a mediator’s help. The dissolution agreement should resolve all issues in the divorce and be signed by both spouses. If there are any areas where you and your spouse can’t reach an agreement, you’ll have to litigate those issues before a judge at trial. However, you can still settle your case at any time prior to the trial date.
Factors to consider with an uncontested divorce include:
- Divisions of Property: In Illinois, property is divided equitably (fairly) in accordance with the Illinois Marriage and Dissolution of Marriage Act. In a contested divorce, the judge decides what is fair. In an uncontested divorce, the parties decide was is fair. For the most part, marital property is divided. Non-marital property is not divided.
- Debt and other Assets: Pretty much the same as property. If debt is classified as marital and non-marital, then only the marital debt is divided.
- Child Custody: In an uncontested divorce, the parties can agree on any custody arrangement they want, within reason. Technically, according the the Illinois Marriage and Dissolution of Marriage Act, there is no preference for joint legal custody. Visitation can be complicated, and there are sub-parts to any visitation schedule.
- Child Support: Child support is paid according to statutory guidelines. However, particularly in an uncontested divorce, parents can agree to deviations on the statutory guidelines. In an uncontested divorce, parents can agree to handle support as the see fit, within reasonable limits.
- Alimony: The term “alimony” is no longer technically correct. Court’s refer to it as spousal maintenance or spousal support. When it comes to spousal maintenance, any amount can be agreed upon, within reason.
Steps to a Peaceful Divorce
The thing you need to do when getting a divorce is pause and take a deep breath. No divorce is sweet and rarely is it as amicable as hoped for. However, there are some strategies that divorcing couples can learn in order to make their departure from the relationship as peaceful and stress-free as possible. Steps to take to achieve an amicable, respectful divorce from your spouse include:
- Eliminate blame: This can be extremely difficult depending on how the divorce came about. But blaming the other party will not help the uncontested divorce resolve sooner.
- Look ahead to the future: In order to move forward, you must only look forward to your future and your children’s future. Wallowing in the past creates negative emotions and keeps you stuck in a victim state, which isn’t healthy for anyone.
- Negotiate in good faith: Don’t make agreements but in secret know you’ll withdraw them when the time comes to sign the agreement. Negotiating the terms of your divorce agreement in good faith will only help both parties move on fairly.
- Put the children first: When you keep your kids’ best interest at heart, you often help find a way to do the right thing. Create a good parenting plan and be good co-parents once your divorce case is finalized.
- Listen to your attorney: Don’t try and be brave and go it alone. Instead, be sensible and invest in you and your future, and hire an attorney experienced in family law and divorce mediation.
Mediation can be enormously helpful when couples want to resolve issues amicably and thus avoid a court battle. When you mediate, both parties come to a neutral, often licensed mediator to help the couple ink out the final agreement for the court filings. The goal of this practice is to get couples to agree on as much, if not all, the terms of the divorce making it an amicable divorce. Among peaceful divorce solutions, mediation is at the top because it’s the only divorce method that enables both parties to:
- Negotiate the terms of your no-fault divorce or separation in good faith.
- Focus on the big picture.
- Put the needs of your children first and create a good foundation for co-parenting and life post-divorce.
At Masters Law Group, we provide divorce mediation services and also represent clients involved in mediation. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment here.
Masters Law Group
30 NORTH LASALLE STREET SUITE 2250
CHICAGO, IL 60602
312.609.1700 – PHONE
312.893.2002 – FAX
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A Chicago family and divorce law firm focused on solving problems and achieving the best possible result for our clients.