What Factors Can Affect the Cost of a Divorce in Illinois?

 Posted on February 26, 2020 in Divorce

Divorce is a very emotional process. After all, you are leaving the person that you promised to spend your life with at one point. As much as divorce is an emotional process, it is also a complicated financial and legal process that can take quite a bit of time, sanity and even money to complete. One of the biggest stressors in marriage is money and it is not any different during a divorce. Depending on your circumstances and needs, your divorce could cost you anywhere from a couple of hundred dollars to upwards of $100,000. The cost of getting a divorce can differ for a number of reasons, some of which are in your control. Here are a few factors that can affect the cost of your Illinois divorce:

The Divorce Process You Choose

The type of divorce you decide to go with will greatly impact how much you end up paying for the process. In most cases, a litigated divorce will cost much more than other types of divorces. This is because a litigated divorce involves much more court time, attorney's fees and court costs than other types of divorces. Other popular types of divorces, such as mediated or collaborative divorces, can cost less in the long run, depending on the level of cooperation between you and your spouse.

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The Difference Between Collaborative Divorce and Mediated Divorce

 Posted on February 21, 2020 in Divorce

In the past, there was often only one route to take if you and your spouse wanted to get a divorce - that route was litigation. Different forms of alternative dispute resolution have been increasingly used to reach an agreement during a divorce. It is the general consensus that litigation is a last resort when going through a divorce and for good reason. Litigated divorces are often long and drawn out, in addition to being extremely costly and contentious. Because of this, two forms of alternative dispute resolution - collaborative and mediated divorces - have gained in popularity. Though the end goal is the same, these two types of divorce methods are quite different.

Divorce Mediation

In a mediated divorce, you and your spouse deal with one attorney who acts as an intermediary when settling issues during your divorce. Proponents of mediated divorces state that divorce mediation is more peaceful, can be accomplished quicker than other divorce methods and allow you to make your own decisions about your divorce, rather than having a judge make them.

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How to Deal with a Spouse Who Does Not Agree to a Divorce

 Posted on February 19, 2020 in Divorce

Marriages end for a variety of reasons. The easiest type of divorces are those that are uncontested and negotiations are fairly agreeable. However, in some cases, both spouses may not be on the same page when it comes to getting a divorce. Some spouses may feel blindsided by the divorce or they may feel like the marriage is still salvageable. Whatever their reasoning is for not agreeing to a divorce, it is important to understand that they cannot stop it. Although your spouse cannot deny a divorce, there are ways they can prolong the process and make your life as difficult as possible. The following information provides insight on how to deal with a spouse who does not agree to a divorce.

My Spouse Will Not Respond to My Divorce Petition

In Illinois, the only acceptable reason to cite for divorce is irreconcilable differences, which can be cited by either spouse in the Petition For Dissolution of Marriage. The spouse who files the petition is referred to as the petitioner, while the other spouse is referred to as the respondent. Once the petition has been filed with the court, a hearing will be scheduled. It is the filing spouse's responsibility to notify the other spouse of the petition and the hearing. Once the notice is served, the respondent has 30 days to respond to the notice and state whether or not he or she intends to contest the divorce.

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Will My Spouse's Infidelity Benefit Me in Our Illinois Divorce?

 Posted on February 14, 2020 in Divorce

It can be devastating to those who decide to get a divorce because of their spouse's infidelity. Marital infidelity can cause feelings of sadness, hurt, anger, despair, and anguish, which can all cause the divorce process to be even more stressful and combative than your average divorce. If you are divorcing because of infidelity, you may be wondering whether or not your spouse's adultery could give you an advantage in your divorce. While the answer is typically “no,” there are certain areas and aspects of your divorce that could be affected by a spouse's infidelity.

Wasted Assets During an Affair

When it comes to asset and property division during a divorce, Illinois is considered an equitable division state. This means that each spouse will receive a share of the marital estate that is considered to be fair and just but does not always mean each spouse will receive half of everything. In regard to infidelity, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that the court, “shall divide the marital property without regard to marital misconduct in just proportions…” which means that a spouse's infidelity will not be a deciding factor at all.

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Can I Challenge My Prenup in an Illinois Divorce?

 Posted on February 12, 2020 in Divorce

Nearly any marriage can benefit from a prenuptial agreement. What was once considered a taboo or only for the uber-wealthy, prenuptial agreements are now being used by more and more everyday couples. In the event that you get a divorce, a prenuptial agreement can help you decide how your property is divided, whether or not you receive spousal support, or even who gets custody of your pets. Sometimes, however, you may no longer find that your prenuptial agreement is right for your situation when it comes time to divorce. Can you contest the terms of your prenuptial agreement?

Challenging Your Prenup

Prenuptial agreements are documents that are supposed to make your divorce process easier, not more difficult. However, if you believe that your prenuptial agreement should be invalidated, your divorce has the possibility of getting even more contentious. This is when it is crucial for you to hire experienced legal counsel.

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Can I Completely Restrict Parenting Time from My Ex?

 Posted on February 11, 2020 in Child Custody

Divorce can be complicated on its own, but adding children into the mix can complicate things further. When you get a divorce and you and your ex have children together, you will almost always split decision-making responsibilities and parenting time with them if it is left to the courts to decide. The courts will encourage you and your ex to work together to create parenting plans, but in the event you and your spouse cannot work together, Illinois family courts will intervene and it will be left to a judge to determine what is in the best interests of the children. Sometimes, a parent may believe that what is best for their child is for the other parent to play no part in their life. In cases like these, will the court issue an order to restrict parenting time?

Petitioning the Court for Parenting Time Restrictions

In an effort to be fair to all parents, the court begins its determinations from a place of neutrality. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that “It is presumed that both parents are fit and the court shall not place any restrictions on parenting time…” If you believe that your ex should have parenting time restrictions, you must be able to prove to the court that spending time with your ex would endanger the physical, mental, moral or emotional health and well being of your children. If you wish to restrict your ex's parenting time, you must petition the court for the restriction and attend a hearing.

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How to Deal With Marital Asset Dissipation in Your Illinois Divorce

 Posted on February 05, 2020 in Uncategorized

The “dream” divorce, if there is such a thing, is one in which both spouses are amicable with each other, still respect one another, and are willing to work together. While this may be a reality for a lucky few, the majority of divorces are going to involve some degree of animosity between the spouses. In some cases, the tension between the spouses can get so bad that a spouse will do anything in his or her power to keep their soon-to-be-ex from getting their fair share of marital assets. In these cases, the spouse may do what is considered marital asset dissipation.

What is Dissipation?

The Illinois Supreme Court defines dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time the marriage at a time the marriage is undergoing an irretrievable breakdown.” Dissipation can include intentional wasting, spending, destroying or otherwise squandering marital assets for the simple purpose of depriving the other spouse of the asset. Examples of dissipation can include:

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Divorce and Debt in Illinois

 Posted on January 31, 2020 in Divorce

One of the most frequent causes of marital stress - and often divorce - is financial issues. Multiple studies confirm that high debt and the lack of communication about the debt is one of the major stresses in many marriages that end up in divorce.

Some of the more frequent financial issues that married couples face include:

• Credit card debt: When one spouse continues to rack up credit card debt over the objections of the other spouse
• Budget overextension: When one or both spouses are unable to stay within their financial means
• Financial infidelity: When one spouse has secret bank accounts, credit cards, hidden purchases, or gambling issues
• Impulsive major purchases: When one spouse makes a major purchase - such as a vehicle - without discussing with the other spouse
• Inability to compromise: When spouses have different philosophies on how money should be spent, saved, etc.

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Hollywood Divorce vs. Real-Life Divorce

 Posted on January 29, 2020 in Divorce

The Oscar-nominated movie, Marriage Story, starring Scarlett Johansson and Adam Driver, offers insight and advice regarding marriage and divorce. The film focuses on real-life issues within a relationship and offers teachable lessons for those who are ending their marriages.

The critically-acclaimed film has won rave reviews because of its realistic and often gut-wrenching portrayal of a couple whose love for each other disintegrates into divorce. And just like many real-life couples, the main characters first agree that they will bypass legal battles and have a "friendly divorce," however, both end up hiring divorce attorneys. As the film reveals, even the friendliest of breakups can become contentious and attorneys are needed to make sure the divorce process is as fair as possible for both spouses.

How Divorce Attorneys Make a Difference

If you believe your marriage is headed towards divorce, do not put off hiring a legal professional from Weiss-Kunz & Oliver to help. Our legal team has successfully handled countless divorce cases and has the skill and legal expertise when it comes to knowing what to expect both in and outside of the courtroom.

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What Is a Postnuptial Agreement?

 Posted on January 24, 2020 in Marital Agreements

When a couple decides to get married, they usually agree to share what they own. If the marriage were to end in divorce, the marital estate is divided under the equitable distribution doctrine. Unlike community property states, which divide the couple's assets in a 50/50 division, Illinois law says the couple's assets need to be divided equitably based on certain factors. Some of these factors include:

• How long the couple was married
• Each spouse's contribution to the marital estate
• The value of the assets
• What each spouse's financial circumstances will be after the divorce
• Tax implications
• Whether spousal support will be paid

One factor that usually supersedes all other factors is whether the couple had a valid prenuptial agreement. A prenuptial agreement is a legal contract entered into by the couple prior to the marriage which stipulates how assets and property will be divided in the event the couple divorces. The agreement can also address any outstanding debt the couple has and spousal support/maintenance. Although it is recommended that every couple draw up a prenuptial agreement before the wedding, many couples choose not to. The good news for those couples is that Illinois law also recognizes postnuptial agreements. Postnuptial agreements address the same terms and/or issues that prenuptial agreements do. The only difference is that the agreement is entered into at some point after the couple has married.

Reasons Why Married Couples Choose to Sign a Postnuptial Agreement

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