Tag Archive for: Illinois divorce attorney

Post Divorce Disputes on National Ex-Spouse Day

Tomorrow is National Ex-Spouse Day, and while it may seem like a strange day to “celebrate”, it’s an opportunity to review your separation and understand your options should you have a post-divorce dispute. 

Celebrated annually on April 14th, the National Ex-Spouse Day is celebrated to encourage the people who have dissolved marriage to forgive their particular former spouses and successfully move beyond any bitterness and anger against them which might be present. But for many, this day isn’t a happy one. Some ex-couples engage in fighting about issues after the final divorce decree, and they need to head back to court to resolve them.

What is a Post-Divorce Dispute?

Also known as a post-decree dispute, post-divorce disputes often arise when one party does not fulfill obligations indicated in the divorce settlement. Often, one ex-spouse determines that the other has violated a court order relating to the divorce, for example, when one ex-spouse fails to pay court-ordered alimony.

Some of the most common issues involve:

  • the payment of college expenses,
  • recalculations of child support and emancipation of children,
  • as well as modifications of maintenance.

Illinois has specific legal standards that relate to each of these issues, and we can help inform you of the law that relates to your post-judgment issue.

Post-Divorce Modifications in Illinois

While divorce decrees in the State of Illinois are considered “final” once they are admitted to the court, there are circumstances that warrant post-divorce modifications.

Whether one party’s financial situation changed and post-divorce child support or spousal maintenance awards must be updated accordingly, or if one of the parents wishes to move a marital child out of state, any official changes to the divorce decree require court intervention.

To request a post-divorce modification, one of the former spouses must file a “motion to modify” the divorce judgment. This motion is typically filed with the same court that issued the original divorce decree. The first step is to file the post-decree change request. You should make it clear what terms you want to be changed, and why. Then:

  1. File your motion with the court clerk’s office that originally issued your divorce decree.
  2. Serve your ex-spouse with the paperwork to notify him or her of the request and hearing date.
  3. Attend mediation or pre-hearing conferences if required.
  4. Appear in court for your hearing.

At the hearing, a judge will hear from both parties and any witnesses who can speak on their behalf. Once the judge makes a decision or final ruling on your motion, you could receive the final order that day; otherwise, it will be mailed to you.

Enforcement and modifications can be just as complicated as the initial settlement agreement, so it’s important to consult a qualified and experienced family law attorney.

How to Celebrate National Ex-Spouse Day

Even if you never envisioned yourself celebrating such a holiday, it’s something that millions of people go through with you and maybe there’s a silver lining to your partnership coming to an end. 

Here are some ways to positively celebrate Ex-Spouse Day this year: 

  • Make it a day that’s really all about you! There’s no day like Ex-Spouse Day to focus on yourself. There’s tons of activities that are even easier to do as a single man or woman without someone else’s opinion. Do what makes YOU happy today. Whether that is a self care day with a massage and a nice dinner or a new outfit, it’s a step forward in your progress and emotional recovery in your situation.
  • Enjoy time with the kids: If you share children with your spouse, today is an opportunity to fully embrace them and appreciate their presence. Go for an ice cream or a movie, and recognize the massive accomplishment it is to raise children.
  • Acknowledge your growth post-divorce: The odds are that you are stronger, more resilient, and more than capable of handling problems you once thought you never could. Maybe you reflect on something that made you insecure in your relationship, that now you have completely conquered. This is proof you can conquer any fear if she was willing to face it head on.
  • Remember that divorce happened, but it doesn’t define you: It may be hard to remember at times, but you are so much more than one single life event like divorce. Your divorce is only part of your story, which means you still get to write the ending. It’s important to release the past so it can stay where it belongs. The past remains in the past. So take the good – take the lessons – and leave the rest.

Final Thoughts

At Master’s Law Group, we are highly experienced in post-divorce disputes and offer a wide range of services that are tailored to our client’s unique needs.

Masters Law Group LLC has a unique depth of knowledge, experience and talent in the family law and divorce field. Are you in need of consultation regarding a post-divorce dispute? Contact us today and we’re here to help you resolve any issue we can. We look forward to hearing from you and supporting you through this time.

Divorce Advice Every Woman Needs on National Women’s History Month

As a woman unhappy in your marriage, divorce may have crossed your mind from time-to-time. But you could be left wondering whether it’s the right choice for you, your children, and even your spouse. That’s why you need specific divorce advice to make the most informed decision possible. 

Women’s History Month is a celebration of women’s contributions to history, culture and society. This holiday has been observed annually in the month of March in the United States since 1987.

Divorce is one of the biggest and the toughest decisions that a woman can make and if often twice as problematic. There are factors you have to think of beforehand, and then there are others that you can not avoid later down the line. As Women’s History Month comes to a close, here are a couple tips you can follow to protect yourself during a divorce.

First Step: Get Mentally Prepared

When you tell your spouse you want a divorce, and especially when you actually file for divorce, you’re crossing a line that you can’t usually go back over. To decide if you are ready for this life changing step, be sure to ask yourself these questions:

  1. Am I really ready for divorce?
  2. Should I speak with a therapist?
  3. Do my kids need a therapist?
  4. Do I have all relevant information and financial documents gathered?
  5. What are my set goals?
  6. Do I have a support network?
  7. How do I put my children first?
  8. What should my negotiations be?
  9. How do I foster a good relationship between my kids and their other parent?
  10. Am I prepared for other relationships to change?
  11. Am I being kind to myself?

Once you have answered these questions and mentally prepared yourself, it’s time to go through the following pieces of advice with your family law attorney.

Anticipate Unexpected Costs

In life and divorce, always be ready for unpleasant surprises. You may be well-prepared for all the monetary issues that you think you might face, but even then, there are chances of unexpected expenses popping up at just the wrong time.

For example, if you find yourself in a situation where your spouse is able to boot you from their health insurance, it will leave you with an additional cost of as much as $1,000 per month. A majority of spouses avoid their financial responsibilities, so the divorce advice for women is to be careful in this matter and make your choices with eyes wide open.

From hiring the wrong divorce attorney to unnecessarily taking your divorce to trial, discuss potential hidden costs with your family law attorney to be most prepared for what’s to come.

Dig Deeply Into Your Joint Finances

It is a matter of common knowledge, more or less a fact, that 40% of divorce proceedings are about money. So the best divorce advice for women is that you need to get as much information as you can about your joint accounts. This includes:

  • All of your online passwords to joint accounts.
  • All of the minor details of your joint investments.

As a precautionary tactic, it’s important to discuss the details with your attorney and seek their advice on matters dealing with financial assets. Your top priority should always be your financial well-being. This is because the emotions and the mental stress will eventually lessen and will go away one day but the fulfillment of your expenses is a reality, and you will have to face it today, tomorrow and in the days to come. You should estimate how much you will be needing after the divorce and make sure you ask for it – and get it.

Decide if it’s a 50/50 Divorce

Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs a number of factors to determine how to fairly divide property rather than dividing property 50/50. 

These factors include each spouse’s contribution to acquiring the property, the value of the property, the duration of the marriage, and which party has more responsibility for any children of the marriage. 

Decide if Divorce Mediation is for You

Does your divorce case need to go to trial? Not always.

Mediation is considered an alternative dispute resolution process where an impartial or neutral mediator helps guide you and your spouse in settlement efforts – hopefully helping you reach a final agreement.  Unlike judges, a mediator has no authority to make decisions for you or your spouse. Their job is to keep you and your spouse’s focus on your needs and interests instead of fault and rights.

When a couple begins divorce mediation, they either choose the mediator in advance or one may be appointed by the court, with the court deciding how to split the costs.  Both spouses provide documentation to support their viewpoint regarding disputed issues, while the mediator works with both sides to find a resolution. The goal of the mediator is to reach an agreement between the two parties, therefore it is critically important to work with your divorce mediator attorney to ensure that the proposed solution is truly fair and equitable to you.

Even when parting spouses disagree, a divorce doesn’t always have to be a big fight. Divorce mediation is a way of finding solutions to issues such as child custody and spousal support. It acts as an alternative to the formal process of litigation in divorce court.

Uncontested Divorce

People might want to stop you from getting a divorce and sometimes they might even be right, but one thing that you should always try and remember is that getting a divorce is better than staying in a toxic relationship. It will hurt, but what matters in the long run is your happiness. 

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.  

However, if the parties can agree on the issues mentioned above, this is called an uncontested divorce. In an uncontested divorce, the parties and their attorneys draft written agreements at the outset. These are known as Marital Settlement Agreements and Joint Parenting Agreements. Uncontested divorces can be resolved with one court appearance and can be finished as quickly as a month.  

Final Thoughts

Divorce is rough – nobody can argue that. But remember: You don’t need to do everything perfectly. Give yourself some space and let your mind heal from the divorce process you have just undergone, or are currently undergoing. Be in control of your life as it comes to you and don’t push yourself too hard. When you’re going through a divroce you should allow yourself some grace for taking the steps to change things for the better.

While there are many questions and valid concerns that come with divorce, the divorce process itself does not have to be difficult, and you don’t have to go it alone. 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.

If you are a woman contemplating filing for divorce, Masters Law Group’s team of experienced attorneys can answer any questions you may have throughout this process.

For more information on the divorce process in Illinois, contact us here today.

Illinois Divorce Q&A

Are you considering a divorce? Throughout this tough time in your life you might have a hard time figuring out where to start or have many questions that need answers. For anyone seeking a divorce it’s important to have a lawyer who has your best interests in mind. Here are a couple of the most important and frequently asked questions when it comes to considering a divorce.

Divorce law is complicated so, if you are considering getting a divorce from your spouse you may have questions about what it involves and how to proceed etc. In this article, our experienced Illinois-based Divorce and Family Law attorneys cover the top most common divorce questions and answers.  Let’s dive right in…

Q: Is Illinois a 50/50 State for Divorce?

A: Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs a number of factors to determine how to fairly divide property rather than dividing property 50/50. These factors include each spouse’s contribution to acquiring the property, the value of the property, the duration of the marriage, and which party has more responsibility for any children of the marriage. 

Q: Do Both Parties Have to Agree To Get A Divorce?

A: Both parties do not have to agree to get a divorce. A divorce can be filed by either party by filing a divorce petition along with a summons with the clerk of court and having it personally served upon the other party. Although both parties do not have to agree to get a divorce, both parties do have to agree to waive the 6-month waiting period of living separate and apart prior to a divorce as discussed above.

Q: Can You Be Denied A Divorce In Illinois?

A: In Illinois, you cannot be denied a divorce. Some states have many grounds for divorce and may deny a divorce if you fail to prove the grounds that you allege in your divorce petition, such as adultery or habitual drunkenness. Prior to 2016, Illinois operated this way as well. However, since 2016, the only ground for divorce in Illinois is irreconcilable differences. 

This means that the only reason that your divorce would be denied would be because you failed to follow the court’s procedural requirements or because you did not meet certain prerequisites, such as the six-month waiting period. Even if your case was dismissed or delayed based on these grounds, with the help of an attorney, you would eventually be able to receive a divorce order.   

Q: How Can You Get a Divorce if Your Spouse Won’t Sign?

A: When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. An uncontested divorce (referred to as a “dissolution of marriage” in the state of Illinois) means that both parties agree on all the key terms of the divorce, including:

  • Dividing marital property.
  • Child custody and parenting time schedule.
  • Dividing marital debts.
  • Child support and medical insurance coverage for any minor children.
  • Spousal support (also called “alimony”).
  • Custody of pets.

Uncontested divorce is a great way to speed up the divorce process and make it less expensive. If both parties do not agree to the issues involved in the divorce, or even to the idea of getting divorced, this will not prevent you from receiving your divorce order.  

Q: How Can I Get a Quick Divorce in Illinois?

A: Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.  

However, if the parties can agree on the issues mentioned above, this is called an uncontested divorce. In an uncontested divorce, the parties and their attorneys draft written agreements at the outset. These are known as Marital Settlement Agreements and Joint Parenting Agreements. Uncontested divorces can be resolved with one court appearance and can be finished as quickly as a month.  

Q: How Much Does a Divorce Cost in Illinois?


Those living in Illinois and thinking about divorce might be like many Americans in the current uncertain financial climate. In Illinois, there are no set costs for the divorce. There are, however, set costs for filing the paperwork with the court where you live.  If you are a couple who have been married a short period and have separated for at least 6 months, a divorce should be relatively easy – therefore more inexpensive – even if you hire an attorney. If you are married with children, have joint assets like retirement accounts, investments or own a home/business together, you may think it is easier to hire attorneys and let them work out the details.

Final Thoughts

While there are many questions and valid concerns that come with divorce, the divorce process itself does not have to be difficult, and you don’t have to go it alone. However, divorce is an investment with substantial risks.

Divorce cases involving considerable 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.

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.

If you are contemplating filing for divorce or learn that a spouse recently filed, Masters Law Group’s team of experienced attorneys can answer any questions you may have throughout this process.

For more information on the divorce process in Illinois, contact us here today.

 

Failing to Respond to the Divorce Petition

Whatever “side” took the initiative to begin divorce proceedings, resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers. Or even completely failing to respond altogether. Read on to learn how the process works on both sides and what happens if a spouse does not respond to divorce papers. 

Making the decision to end a divorce can be difficult and can be hard to navigate since there are many steps taken in order to finalize a divorce. A divorce process begins with one spouse filing a petition with the court. In Illinois, you are required to complete a number of documents, such as the Petition for Dissolution of Marriage, Summons, and a few others, that are served to the defendant.

In some cases, an Injunction order or an Application for Temporary Matters are also served. These documents can either be served by a spouse in person to their partner, or through a process server, who is generally the county Sheriff. Here are some steps to help you navigate responding to a divorce petition.

Divorce Summons

After receiving divorce papers, you must file for appearance at the local courthouse. You can do so by visiting the clerk’s office of your county, where your spouse has filed for the Petition of Dissolution of Marriage. You will have to pay a certain fee for Appearance, showing that you acknowledge the papers and will participate in the divorce proceedings.

When a divorce petition is filed with the court, the court will issue a summons to be served with the divorce petition on the opposing party. The summons is a legal document that informs the opposing party that a divorce action has been filed. 

The service of the summons and divorce petition on the opposing party is a key step in the divorce process because it also informs the responding party of the deadline for filing an answer to the divorce petition. This deadline is very important because if the opposing party fails to answer or otherwise respond to the divorce petition, he or she may be barred from participating in the divorce process.

Failing To Respond To The Divorce Petition

The opposing party has 30 days in which to file a response to the divorce petition. The party is not required by law to file an answer or otherwise respond to the allegations contained in the divorce petition unless he or she chooses to do so. However, if the opposing party does not file an answer or other response, the court may assume that the party does not want to participate in the divorce process.

When an opposing party does not file an answer, the petitioning party files a motion for default judgment asking the court to grant him or her the relief sought in the divorce petition. If the court finds the opposing party is in default, the divorce process may continue without any further notice being provided to the defaulted party. In most cases, the court will grant the relief requested by the petitioning spouse in the divorce petition provided the relief sought is not “unconscionable.”

Do Not Ignore A Divorce Summons And Petition

The court may continue the divorce process without further notice to a defaulted party. Never ignore a summons and divorce petition. Even if you consent to the divorce and the relief sought in the petition, you still should have competent, experienced legal counsel to ensure that your rights are protected throughout the court proceedings. Things can change in a divorce proceeding very quickly and you do not want to be caught unaware or without legal representation.

It’s important to take the deadline seriously and make sure you take appropriate actions well before it so that you do not face any problems in the later stages of your divorce. You should make a decision about your legal representation, whether you are going to hire an attorney or go for a do-it-yourself divorce, within the first week. This will give you enough time to prepare and submit the required paperwork at the clerk’s office.

Final Thoughts

Ask your Family Law attorney to provide guidance for revising your financial records and assets. You may have to close joint accounts, and transfer your finances to a personal account, as well as cancel any credit cards that are in your name and your spouse has access to. If you have children, make sure you do not include them in the discord with your spouse. Resist exhibiting any behaviors that can impact the allocation of parental responsibilities, as well as parenting time in the parenting plan.

If you are considering filing for divorce, the first step you should take is to contact our office to schedule a consultation. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

 

Helpful Actions for Children While Going Through a Divorce

Each year, thousands of US children face the extreme stress associated with divorce. Parents should provide their children with understanding and support with patience, reassurance, and a listening ear as your children learn to cope with unfamiliar circumstances.

Going through the process of divorce is a challenging life transition for both parents and children. Many times the initial reaction is one of shock, sadness, frustration, anger, or worry. But kids also can come out of it better able to cope with stress, and many become more flexible, tolerant young adults. While you can’t make your child’s hurt go away, you can help them cope with the various disappointments divorce brings. Here are some suggestions to keep in mind.

Breaking the News

When it comes to telling your kids about your divorce, many parents freeze up. Of course how you tell your children is a very personal choice, but try to make the conversation a little easier on both yourself and your children by preparing what you’re going to say before you sit down to talk.

Because children often assume that they are somehow to blame, begin by letting them know what happened is definitely not their fault and they are loved by both parents – and that will never change. If possible, try to break the news together with your ex partner. By demonstrating solidarity and maturity, you will help paint a picture of a drama-free future as their minds race to “what now?”.

The discussion should fit the child’s age, maturity, and temperament; with younger children try to keep things simple, older teens will be more in tune with what you, as parents, have been going through, so more details will be beneficial.

Avoid the Blame Game

It’s vital to be honest with your kids, but without being critical of your spouse. Confining negativity and blame to private therapy sessions or conversations with friends outside the home will help children feel less “torn” between parents, therefore creating less stress on them.

If you and your ex can’t agree on matters like parenting time or allocation of parental responsibilities, save this information for your family law attorney as you navigate these new waters. Your message to the kids should be united, reassuring, and free of bickering and blame.

Expect the Unexpected

While many children will be confused, hurt, saddened and shocked, many also don’t react right away when faced with the news their parents are splitting. Sometimes it’s simply because they are overwhelmed and don’t know how to process the information, while others don’t want to upset their parents by acting as if everything is fine, or try to avoid any difficult feelings by denying that they feel any anger or sadness at the news. Let them know that that is OK, too and that they can talk when they are ready.

Whether your kids express fear, worry, or relief about your separation and divorce, they’ll want to know how their own day-to-day lives might change.

Be prepared to answer these possible questions:

  • Who will I live with?
  • Will I go to the same school?
  • Where will each parent live?
  • Where will we spend holidays?
  • Will I still get to see my friends?
  • Can I still do my favorite activities?

Being honest is not always easy when you don’t have all the answers or when children are feeling scared. But telling them what they need to know at that moment is always the right thing to do.

Helping Children Cope

Like any big life change, many children experience grief when parents are divorcing. Mourning for the family unit they once had is normal, but over time, you and your children need to work through the grieving process and accept and adapt to the new situation.

Here are some ways to help kids cope with the upset of a divorce, according to KidsHealth.org:

  • Encourage honesty. Kids need to know that their feelings are important to their parents and that they’ll be taken seriously.
  • Help them put their feelings into words. Kids’ behavior can often clue you in to their feelings of sadness or anger. You might say: “It seems as if you’re feeling sad right now. Do you know what’s making you feel so sad?” Be a good listener, even if it’s difficult for you to hear what they have to say.
  • Legitimize their feelings. Saying “I know you feel sad now” or “I know it feels lonely without dad here” lets kids know that their feelings are valid. It’s important to encourage kids to get it all out before you start offering ways to make it better. Let kids know it’s also OK to feel happy or relieved or excited about the future.
  • Offer support. Ask, “What do you think will help you feel better?” They might not be able to name something, but you can suggest a few ideas — maybe just to sit together, take a walk, or hold a favorite stuffed animal. Younger kids might especially appreciate an offer to call daddy on the phone or to make a picture to give to mommy when she comes at the end of the day.
  • Keep yourself healthy. For adults, separation and divorce is highly stressful. That pressure may be amplified by custody, property, and financial issues, which can bring out the worst in people. Finding ways to manage your own stress is essential for you and your entire family. Keeping yourself as physically and emotionally healthy as possible can help combat the effects of stress, and by making sure you’re taking care of your own needs, you can ensure that you’ll be in the best possible shape to take care of your kids.
  • Keep the details in check. Take care to ensure privacy when discussing the details of the divorce with friends, family, or your lawyer. Try to keep your interactions with your ex as civil as possible, especially when you’re interacting in front of the kids. Take the high road — don’t resort to blaming or name-calling within earshot of your kids, no matter what the circumstances of the separation. This is especially important in an “at fault” divorce where there have been especially hurtful events, like infidelity. Take care to keep letters, e-mails, and text messages in a secure location as kids will be naturally curious if there is a high-conflict situation going on at home.
  • Get help. This is not the time to go it alone. Find a support group, talk to others who have gone through this, use online resources, or ask your doctor or religious leaders to refer you to other resources. Getting help yourself sets a good example for your kids on how to make a healthy adjustment to this major change.

The process of explaining the issue and giving suggestions to your children will help them see divorce in a better perspective.

Adjusting to a New Life

While it’s good for kids to learn to be flexible, adjusting to many new circumstances at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

It’s crucial that you and your ex create a schedule that lessens the likelihood that your child will experience divided loyalties because they may feel like they have to choose sides. When both parents work together to determine schools, activities, social calendars and all the other aspects of the child’s life, it fosters a cohesive daily experience for the child, no matter whose house they are at on a given day.

At the end of the day, children are the most important assets a married couple can own. When children are confident of the love of both of their parents, they have an easier time adjusting to co-parenting after divorce.

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Masters Law Group – Experienced Divorce and Family Law Attorneys

Divorce certainly has the potential to change the lives of parents and children, and while it is a difficult process, help and support is available.

Masters Law Group understands that divorce is a stressful situation for everyone involved. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well being 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 children require specialized knowledge.  The attorneys at Masters Law Group are highly experienced in the following legal areas associated with separating parents:

Don’t go it alone. Schedule a Consultation with us here today to speak about your family law case.

First 5 Steps to Getting Divorced in Illinois.

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.

Next Steps

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.

Final Thoughts

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.

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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.

Contact us here today to set up a consultation.

 

 

 

What is Divorce Mediation?

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
  • Taxes

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.