Tag Archive for: DuPage Divorce Lawyer

Divorce vs. Mediation – Which Path is Right for You?

When deciding how to handle a divorce, it’s important to consider the benefits of traditional divorce versus mediation. Each approach has its benefits and drawbacks, so understanding the differences is key to making the right choice for you and your family. 

Divorce can be emotionally challenging no matter where you are in life. Masters Law Group, based in DuPage County, Illinois, with offices in downtown Chicago, is committed to helping couples navigate these tough decisions and offers a comprehensive approach to divorce resolution. Here’s what you need to know.

Understanding Divorce

Divorce involves each party retaining their attorney to represent their interests in court. This process can be adversarial, with a judge often making negotiations and decisions if the parties cannot agree. There are three major types of divorce: contested, uncontested, and civil union. 

Contested divorce occurs when there are contentions between spouses and requires numerous steps. An uncontested divorce occurs when there is agreement on all aspects of the divorce. Civil union divorce follows similar divorce processes, but the couple leaves the state where they were granted civil union. Let’s take a look at some pros and cons of divorce.

Divorce Litigation Pros:

  1. Legal Advocacy: Each spouse has dedicated legal representation to navigate the complexities of divorce laws and procedures.
  2. Court Intervention: A judge can resolve disputes when the couple cannot reach agreements on their own.
  3. Protection in High-Conflict Situations: In high-conflict cases, where emotions run extremely high or concerns about safety and abuse arise, litigation may provide a more structured and protective environment. Court orders can include provisions for restraining orders, protective orders, and supervised visitation to help ensure the safety of all parties involved.

Divorce Litigation Cons:

  1. Longer Resolution Process: Laws vary by state, and the process begins with how long one has lived in the state before filing for a divorce. The process can vary depending on the type of divorce. Contested divorces usually take over a year to finalize—although divorces can be completed in as little as three months.
  2. Impact on Children: The contentious nature of traditional divorce can have a negative impact on the children involved, potentially leading to increased stress and emotional difficulties.
  3. Lengthy Resolution of Disputes: Divorce can take longer to resolve disputes over issues like property division or allocation of parental responsibilities, further prolonging the overall process.

Understanding Divorce Mediation

Divorce mediation involves a neutral third-party mediator facilitating discussions between the spouses to reach mutually acceptable agreements. Unlike judges, a mediator cannot decide for you or your spouse. Their job is to keep you and your spouse focused on your needs and interests instead of faults.

When a couple begins divorce mediation, they choose the mediator in advance, or the court may appoint one. Both spouses provide documentation to support their viewpoints regarding disputed issues, while the mediator works with both sides to find a resolution. The mediator’s job is to reach an agreement between the two parties. Here are the pros and cons of divorce mediation.

Divorce Mediation Pros:

  1. Faster Resolution: Mediation often leads to a quicker resolution than a court-based divorce. Mediation sessions can be scheduled at the convenience of the parties involved, and they can work at their own pace, leading to a faster outcome.
  2. Reduced Conflict: Mediation often helps couples improve their communication skills and learn effective ways to resolve conflicts, which can lead to the resolution of family disputes.
  3. Reduced Post-Divorce Disputes: Because mediated agreements are reached through mutual understanding and cooperation, there may be fewer post-divorce disputes and a higher likelihood of compliance with the agreed-upon terms.

Divorce Mediation Cons:

  1. Voluntary Participation: Both parties must be willing to engage in meaningful negotiations for mediation to be successful.
  2. Potential Inequity: Without legal representation, one spouse may feel disadvantaged in negotiating legal and financial matters.
  3. Not Suitable for All Cases: Mediation may not be appropriate for high-conflict divorces or situations involving domestic abuse or significant power imbalances.

How a DuPage Divorce Attorney Can Help

Whether you choose traditional divorce or mediation, consulting with a skilled DuPage divorce attorney is crucial to protect your rights and interests. Masters Law Group’s divorce and mediation attorneys are fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  • Experienced Mediators: Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: A skilled litigator has the experience to present your case effectively before the judge. They meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: They are professionals in conflict resolution, focusing on finding peaceful solutions for both parties and their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

Our senior attorneys, Erin E. Masters and Anthony G. Joseph, are highly esteemed professionals recognized by prestigious publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Moving Forward With Confidence

Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. We aim to help you achieve a resolution, allowing everyone to move onwards with peace of mind.

Contact us today to set up your complimentary consultation.

DuPage Divorce Mediation

The emotional turbulence of divorce and navigating the legal intricacies can seem daunting and overwhelming. However, in DuPage County, Illinois, there’s a pathway that offers a more amicable and efficient resolution: divorce mediation.

With the United States ranking third globally in divorce rates, at 2.4 divorces per 1,000 people, the need for effective resolution methods is more pressing than ever. In this blog, we’ll explore mediation and how a DuPage divorce lawyer can help you with the process. Here’s what to expect when pursuing this alternative method of resolution.

What Is Mediation?

Divorce mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help them reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them identify and address their concerns. Once an agreement is reached, the mediator drafts a written contract that both parties can sign.

In some cases, mediation may not be successful; especially surrounding domestic violence or substance abuse.  For those who have a more “black and white” separation vision, mediation helps the parties better understand each other’s positions and concerns, making future negotiations more straightforward. 

When Can You Use Mediation in DuPage?

In DuPage County, mediation can be used at any stage of the divorce process, whether before filing for divorce or during litigation. It’s particularly encouraged when couples wish to maintain a cooperative relationship and have more control over the outcome of their divorce.

Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe environment without the added pressure of a courtroom setting. These agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.

How Does Divorce Mediation Work?

Before diving into mediation, some groundwork is necessary. Start by gathering all pertinent information and documents related to the disputes in your divorce. For instance, if there’s contention over whether certain assets are marital or separate property, assemble the relevant financial records. 

Certain mediators may request this information as part of the initial intake process. Here’s how the process typically unfolds:

  • Choosing a Mediator: Couples typically select a mediator together, helping ensure they feel comfortable with the individual facilitating their discussions.
  • Initial Meeting: The mediator meets with both spouses to discuss the process, set ground rules, and identify the issues that must be resolved.
  • Negotiation Sessions: Over several sessions, the spouses, along with their attorneys if they choose to have legal representation, engage in discussions facilitated by the mediator. The goal is to reach mutually agreeable solutions on all aspects of the divorce.
  • Drafting the Agreement: Once agreements are reached, the mediator assists in drafting a legally binding agreement that reflects the decisions made by the couple.

What If You Don’t Reach an Agreement in Mediation?

While mediation aims to find common ground and reach agreements on all issues, it’s not uncommon for certain matters to remain unresolved. In such cases, couples have several options:

  • Continue Mediation: If only a few sticking points prevent a full agreement, couples can choose to continue mediation sessions to work through these remaining issues.
  • Seek Alternative Dispute Resolution: If mediation proves unsuccessful, couples may explore forms of alternative dispute resolution, such as arbitration or collaborative law. These methods offer different approaches to resolving conflicts outside of traditional litigation.
  • Litigation: Couples may resort to litigation for those specific matters when mediation fails to produce a comprehensive agreement. This involves presenting unresolved issues to a judge, who will then make decisions on behalf of the couple.

It’s worth noting that even partial agreements reached through mediation can still offer benefits. Resolving some issues through mediation can help streamline the litigation process, reducing the time and costs associated with court proceedings. Working with a DuPage divorce attorney can help you find the right solution based on your needs and goals.

Finalizing a Mediated Dissolution In DuPage County

Once the mediated agreement is drafted, it must be reviewed and approved by each spouse’s respective attorney before being submitted to the court for final approval. Upon approval, the mediated agreement becomes a court order, legally binding to both parties. 

Having a trustworthy divorce attorney by your side can help ensure a smooth transition. Our team of experienced divorce mediation attorneys is fully prepared to advocate for you and your family.

Erin E. Masters and Anthony G. Joseph have consistently earned recognition from esteemed publications year after year (including Best Lawyers, Best Law Firm, Top 100 Lawyers, and Leading Lawyers), a testament to their unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you that you have a reliable and dependable ally throughout your divorce mediation proceedings.

Working with a DuPage Divorce Lawyer

While mediation is designed to be a collaborative process, having a DuPage mediator by your side can help provide valuable support and guidance. At Masters Law Group, serving clients in Cook County and DuPage County, Illinois, our experienced attorneys understand that divorce is stressful for everyone involved. 

We prioritize our clients’ assurance and well-being throughout the mediation process. Whether you are facing mediation, a contested, uncontested, or a civil union divorce, our attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Contact us here today to schedule a consultation.

Divorce Advice Every Woman Needs on International Women’s Day

At Masters Law Group, we proudly honor the trailblazing women within our family law firm and across all fields in every industry. As family law attorneys, we have firsthand experience with the complexities of divorce and helping women through this challenging time.

Every year on March 8th, we celebrate International Women’s Day, recognizing the achievements and resilience of women everywhere. Being a female going through a divorce can be an isolating and overwhelming experience. If you’re a woman feeling unhappy in your marriage, you’ve likely considered initiating divorce. However, determining whether it’s the right choice for you, your children, and your spouse can be daunting. That’s why seeking personalized divorce advice is crucial for making well-informed choices.

Leaving a marriage is a woman’s toughest decision, often presenting unique challenges. There are important factors to consider upfront and inevitable hurdles along the way. Here are some practical tips to help protect yourself during the divorce or separation process.

Why Women Initiate Divorce

In the United States, women often initiate divorce more frequently than men. This trend has grown as women now have more job opportunities and higher independent incomes, which reduces the financial risks associated with divorce compared to the past. Here are some notable statistics:

The divorce process has also become more accessible, especially with the legalization of no-fault divorces in certain states. Illinois is one of the states that follows a no-fault divorce model. This means couples can dissolve their marriage without having to prove fault or wrongdoing by either party. This can simplify the process, offering a straightforward route from an unsustainable marriage.

Preparing Yourself Emotionally 

When you initiate the discussion of divorce with your spouse, and especially when you take the definitive step to file, you’re entering a realm with no clear path back.

At the core of any amicable divorce lies open and sincere communication. If possible, both partners must come together to express their feelings, concerns, and expectations. This fosters trust and clarity, reducing misunderstandings and unnecessary conflicts.

If conversations become difficult or communication proves challenging, consider involving a mediator, therapist, and divorce attorney. These professionals offer guidance and a neutral space for productive discussions, aiding both parties in reaching fair and mutually agreeable resolutions.

Remember, if you are initiating divorce due to dangerous behavior, such as physical and emotional abuse, drug addiction or other factors, you can seek an Order of Protection. Let’s explore this more.

What is Domestic Violence?

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

What is an Order of Protection?

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?
The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

Need an Order of Protection in Illinois? Contact us to help you file in Illinois Civil court.

Prioritizing The Well-Being Of Your Children

If you don’t have the safety of yourself and/or family to worry about, if you have children, their well-being should be your top priority. If possible, maintain a united front when it comes to co-parenting decisions. Create a comprehensive parenting plan that outlines responsibilities, schedules, and guidelines. Keep children out of adult conflicts and reassure them of your love and support.

Whether it’s parenting time, asset division, or spousal support, your DuPage divorce attorney will help that your voice is heard and that the court’s decision is fair and aligned with your best interests. Furthermore, during court proceedings, your DuPage or Chicagoland divorce attorney can address unexpected challenges and legal objections and help ensure that all legal procedures are followed diligently.

Their presence in court assures you that you have a dedicated legal professional fighting on your behalf, helping you navigate the complexities of the judicial process during an emotionally challenging time.

Consider Options for Equitable Distribution

As couples navigate the challenging path of divorce, alimony, and asset division are critical aspects that demand attention. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs several factors to determine how to fairly divide property rather than dividing property 50/50. Illinois follows a more intricate approach called “equitable distribution.” Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at custody and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are also considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

Remember, “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Consider Divorce Mediation

Mediation offers an alternative dispute resolution method where a neutral mediator facilitates settlement discussions between you and your spouse, aiming to reach a final agreement. Unlike judges, mediators lack the authority to decide on behalf of either party. Instead, they focus on needs and interests rather than faults and rights.

In divorce mediation, couples either choose a mediator or one is appointed by the court, with costs typically split between both parties. Both spouses present supporting documentation for disputed issues, and the mediator works with both sides to find a resolution. The ultimate goal is reaching a mutually acceptable agreement.

Even with disagreements, divorce doesn’t have to escalate into a conflict. Mediation can provide a constructive path for addressing issues like allocating parental responsibilities and alimony, serving as an alternative to formal litigation in divorce court.

FINAL THOUGHTS

While many questions and valid concerns come with divorce, the divorce process does not have to be difficult, and you don’t have to go alone. If you’re a woman considering filing for divorce, our experienced DuPage Divorce attorneys are available to address any inquiries you may have along the way.

Whether you are facing a contested, uncontested, or civil union dissolution, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when needed.

For more information on the divorce process in the Chicagoland area, including DuPage and its surrounding counties, contact us here today.

 

Learn more about the experienced and talented females at our Family Law Firm

Partner / Family Law Mediator: ERIN E. MASTERS

Erin E. Masters is the principal of Masters Law Group, located in Chicago, Illinois. The firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.

women's divorce lawyer

Associate Attorney: HAILEY MCGILLIVRAY

Hailey McGillivray is a dedicated and meticulous attorney, currently admitted to the Illinois State Bar. She holds an American and Canadian Juris Doctor from the University of Detroit Mercy School of Law and the University of Windsor Faculty of Law.

Read their full bios here.

DuPage Divorce Lawyer

DuPage County boasts a supportive environment for businesses, a haven for families, and a hub for innovation. However, behind the suburban facade, troubled marriages and divorces persist. 

Despite the idyllic setting, many families face divorce’s emotional and legal challenges. If you’re navigating the complexities of divorce in DuPage County, Masters Law Group is here to help and support you through this difficult process.

Understanding Divorce

Divorce is a legal process that dissolves a marriage, ending the legal relationship between spouses. It involves various emotional, financial, and practical considerations. Understanding divorce requires acknowledging its complexities and potential impacts on individuals and families. 

What leads to divorce? The reasons can be numerous. A range of factors, such as lack of communication, infidelity, constant conflict, and other situations, can heighten the risk of divorce. Financially, divorce often involves dividing assets and liabilities accumulated during the marriage, determining spousal support, and addressing child support and custody issues. 

Divorce can have long-term effects on children, family dynamics, and social relationships. Therefore, seeking support from friends, family, and family law attorneys can be crucial in navigating the complexities of divorce and moving forward with clarity and resilience.

Navigating Divorce in DuPage

While Illinois divorce rates are depleting, in DuPage County, the divorce rate trend is less consistent:

  • 2012: 2,308
  • 2013: 2,233
  • 2014: 2,301
  • 2015: 2355
  • 2016: 2210
  • 2017: 2285

(*Note: DuPage County is currently only documented up to 2017)

In DuPage and throughout  Illinois, divorce operates under a no-fault system, necessitating only the presence of irreconcilable differences for legal separation. This means divorcing couples don’t need to assign blame to dissolve their marriage. According to the Illinois Department of Public Health, the highest divorce rates in Illinois are in the following five counties:

  • Cook County
  • DuPage County 
  • Lake County 
  • Will County
  • Kane County

Navigating a divorce in DuPage County demands careful selection of legal representation. When seeking a divorce lawyer, reliability is paramount. Effective communication and a strong rapport are essential, given the protracted nature of divorce proceedings. While experience in family law, particularly divorce law, is crucial, finding an attorney you trust and respect is equally important.

Starting the Divorce Process

In DuPage County, Illinois, initiating the divorce process typically begins with filing a petition for dissolution of marriage at the Circuit Court Clerk’s office. This petition outlines the grounds for divorce. The petition can include irreconcilable differences or fault-based reasons such as infidelity.

Along with the petition, the filer must also serve the other party, the respondent, with a copy of the documents. Once served, the respondent has the opportunity to respond to the petition. If both parties agree on property division, child custody, and support, they may proceed with an uncontested divorce, often resulting in a faster and less costly process. 

However, if there are disputes, the case may proceed to court, where a judge will decide on contested matters. It’s advisable for individuals navigating divorce in DuPage County to seek legal counsel to help protect their rights throughout the process.

Alternative Divorce Methods

Alternative divorce methods offer couples varying pathways to dissolve their marriage with differing levels of complexity and contention. In cases where the dissolution is relatively straightforward, joint and simplified divorce procedures provide expedited routes, requiring mutual agreement on key issues and minimal conflicts. 

Uncontested divorces follow a standard procedure but involve spouses who are largely in accord regarding the terms, reducing the time and resources needed compared to contested divorces. Beyond these options, couples may explore alternatives such as legal separation. 

  • Legal separation offers an alternative to divorce, addressing concerns of couples who wish to live separately without permanently ending their marriage.
  • Civil unions, recognized in DuPage and across Illinois, undergo a dissolution process similar to that of marriage, necessitating legal guidance to navigate.

These alternative methods offer flexibility and choice to couples seeking to end their union in a manner that best suits their circumstances and preferences.

Working With Masters Law Group

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our family law attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, helping protect your rights and the interests of your children.

By working with a DuPage divorce attorney, you can confidently navigate the complexities of divorce and reduce stress. Your rights and the well-being of your family are our top priorities.

Last Thoughts

The complexities of divorce, especially concerning children and/or substantial assets, necessitate legal assistance. Masters Law Group is ready to advocate for you throughout your divorce process.

If you have questions about divorce in DuPage County, an experienced DuPage divorce lawyer can assist you. Our firm has years of experience providing counsel to the community of DuPage County, and we are here to answer any of your questions about divorce or other family law matters. Contact us today to schedule your complimentary consultation.

DuPage Divorce Lawyer

With nearly a million residents, DuPage is Illinois’ second-most populous county. With a higher population, DuPage also has the second-highest divorce rate in the state. If you need a divorce lawyer in DuPage County, see how Masters Law Group can help. 

Located just west of Chicago, DuPage County provides a supportive ecosystem for businesses, a launchpad for innovators, a strategic location for critical logistics operations, and a healthy home for families. But living in a picturesque suburban town doesn’t equal happy families for all. As with anywhere in the world, troubled marriages and divorce persist.

What factors lead to divorce?

In Illinois and around the country, married couples seek divorce for many reasons. This study found that the following factors may increase a couple’s risk of divorce.

  • A lack of communication
  • Infidelity
  • Conflict and arguing
  • Marrying too young
  • Financial issues
  • Substance abuse
  • Domestic violence
  • Health issues
  • Lack of family support
  • Religious differences
  • Lack of premarital education

The state of Illinois is considered a no-fault divorce state. The only grounds required to seek a divorce are irreconcilable differences, meaning that divorcing spouses do not need to prove fault to be granted a divorce in Illinois.

NAVIGATING DIVORCE IN DuPage

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer in DuPage County, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the DuPage-based lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. Voted Best Lawyers 2023 and Best Law Firms 2023, Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer complimentary consultations to help you evaluate if we are the right fit for your needs.

GETTING STARTED

Aside from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on DuPage County divorces. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

DuPage CONTESTED DIVORCES

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation in DuPage. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

ALTERNATIVE PROCEDURES in DuPage County

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

DuPage LEGAL SEPARATION

DuPage County (and across Illinois) is one of the areas that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discouraged from seeking a formal divorce, a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

DuPage CIVIL UNION DIVORCE

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable DuPage Divorce lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

GETTING THE HELP YOU NEED WITH MASTERS LAW GROUP

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced DuPage attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

If you are seeking answers to questions regarding divorce, separation, child support and other matters in DuPage County, contact Chicagoland’s premier family law group here today to schedule a consultation.