Springfield residents who are preparing to divorce will frequently have a difficult time dealing with such an emotional time. The last thing on their minds are the various ramifications of a divorce if they do not take certain steps and precautions. However, it is important to remember these issues. This is particularly wise at the start of the new year, as research has shown that many people file for divorce in January.
Not all Illinois divorces are desired by both parties. In fact, while a large portion of divorces are done with both parties in agreement, there are situations when one spouse will contest the divorce. This is one of the divorce legal issues that is often understated. For those who are seeking to divorce and have a spouse who is contesting it or a spouse who would like to try and save the marriage, legal help is essential.
Divorce can be a difficult situation for any Illinois couple, but it is particularly complicated when there is a significant amount of money involved and it is a high-profile marriage. There can be complex property division, items in dispute, and the need to navigate the difficult pathways that accompany such a situation. As with any legal case, it is wise to have advice from experienced professionals from start to finish. If the end of a marriage is likely to be played out in the media, this is especially true. Regardless of the circumstances, having legal help in moving forward with a divorce is an imperative.
Illinois couples who have a significant number of assets when they decide to end their marriage will often end up in a dispute regarding property division, spousal support and other issues. A high asset divorce might not seem pertinent to a workaday person, but that does not eliminate the divorce legal issues that come up. In fact, many might be quite similar. With any divorce, one of the key factors is to have competent legal advice that can adapt to any circumstance.
Illinois couples who are ending their marriage will consider a great many different issues. Finances can be contentious and difficult whether it is a high asset divorce or one of more modest means. Property division, spousal support and other factors will come to the forefront in a divorce. This is particularly true when people over the age of 50 are getting a divorce. Statistics are indicating that these divorces are on the rise. With that in mind, the issues that come up with them should be taken into account.
Ending marriages is not something many Illinois couples go through more than once or twice in their lifetimes. Many believe what they have heard about divorce and the trauma of litigation. However, there are alternative options, and couples who decide to divorce while they are still communicating may find that they can avoid going to court. Spouses who can sit down and talk through contentious issues may reach agreements that will be less costly and less stressful, and they might even learn new negotiating skills that will help their post-divorce communications.
As we have written about before on this blog, prenuptial agreements are helpful contracts that can guide a married couple through a divorce. It can even help a soon-to-be-married couple confront some difficult topics before they walk down the aisle -- such as financial considerations and asset protection. In the absence of a prenuptial agreement, property division defaults to state laws when a divorce occurs.
When a married couple is having issues severe enough that they are considering divorce, they also think about taking a "middle ground" approach first before committing to the permanent solution of a divorce. What we are talking about is legal separation, an option that allows married couples to retain their marriage while entering a legal process that is similar to divorce.
You may have heard of "alternative dispute resolution," a term that refers to a couple of different approaches that splitting spouses can use to complete their divorce. While the "traditional" route can work, it can also be the wrong fit for many couples. Thus they seek out different ways to complete their divorce. This is where mediation and collaborative law come in.
Getting a divorce is a critical legal step that must be completed in a compliant and efficient way. But given the importance of this legal step (and the process it follows) it is inevitable that mistakes will come about. Common ones in the world of divorce can cause a lot of troubling for splitting spouse, so today let's talk about some of these common mistakes and how you can avoid them.