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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerDivorce 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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IL collaborative divorce and mediated divorce lawyer, IL divorce attorney, Illinois mediation attorney, 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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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, Spouse Who Does Not Agree to a Divorcecannot 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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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, IL spouse's infidelity lawyerIt 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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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerNearly 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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