A primary obstacle for many people seeking divorce is the potential expense. This is especially true for those who work as a homemaker and do not have an income of their own. Being a homemaker entails endless work, but it does not come with formal pay, and the prospect of hiring a divorce attorney may therefore seem simply out of the question for homemakers in Illinois. 

Fortunately, there are things you can do as a homemaking spouse to pursue divorce, even without an income of your own. You do not have to stay trapped in an abusive or untenable relationship forever. Here are some tips for stay-at-home parents considering divorce in Illinois. 

Start Preparing Now

Although you may not be earning an income, you likely have access to your and your spouse’s shared finances. Even if you do not, the time before the divorce is a great time to begin understanding what you and your spouse have in terms of assets and debts. Many resources allow you to check your credit for free, and although taking out debt may not be optimal, credit cards or lines of credit can give you access to money if you need it.

Some states divide marital property 50/50, giving both assets and debt equally to each spouse following divorce. Illinois, however, is what is known as an “equitable distribution” state. This means the law requires marital property to be divided in a way that is fair, but not necessarily equal. Many factors, such as the length of the marriage and each spouse’s future earning potential, will affect how property is divided. 

Understanding how the principle of equitable distribution is likely to affect the division of marital property in your divorce is an important part of planning for the future. In this blog, we will give a general overview of the property division process. A qualified Illinois divorce attorney can answer any further questions you have.

Preparing for the Property Division Process

Spouses who are getting divorced can make the process go faster and more smoothly by collecting necessary documents as early as possible. If one spouse is likely to make the divorce process difficult, it may be wise to obtain documents before even filing. Both spouses will need to create a list with supporting evidence that details their property and debts. This includes, but is not limited to, the following documents: 

If you have made up your mind to get a divorce, the first thing you think of may be to get out of a situation where there is so much resentment and hostility. The prospect of freedom is enticing, and you may be tempted to move out right away. But before you pack your bags and head for the door, there are some things you should consider before you leave the family home.

Once You Leave the Family Home, You May Not Be Able to Come Back

When you leave the family home, you leave your spouse in possession of the house and everything inside. While you may have packed your clothes and other necessities, there are likely valuable items such as furniture or items of sentimental value that are still in the home.

Although there are consequences in the property division process for spouses who destroy, hide, or sell furniture and other valuables without their spouse’s permission, this is not unheard of, especially in divorces where spouses are fighting constantly. If you leave and your spouse changes the locks, you may have lost a valuable opportunity to protect your belongings.

In hostile divorces, couples are often unable to come to an agreement about important issues such as parenting responsibilities and the division of assets. These issues can become contentious to the point where a trial is the only way to reach a resolution in the divorce.

When a divorce goes to trial, a judge will make decisions about contested issues according to Illinois law. However, before such decisions can be made, the judge needs to understand the divorcing couple’s situation. Each spouse’s attorney will make an argument to the judge and try to convince them that their client’s perspective is correct. One way to do this is through the use of something called an expert witness.

What is an Expert Witness?

An expert witness is an individual whose experience qualifies them to form an opinion regarding an issue relevant to the case. The witness testifies before the court about things such as child welfare, a parent’s mental health, or a business’s financial value. A spouse could independently hire an expert witness to advocate for their perspective, or the court may require an expert witness and require one or both parties to pay the cost.

The period of time right before you file for divorce is extremely important. There are so many things that you should be getting prepared for, but one of the most important decisions you should make before you begin your divorce is which divorce attorney you will hire to help you through the process. These days, most people find divorce attorneys by talking to family and friends or searching online. However, the thought of searching for an attorney online can be daunting, especially if you are trying to be discreet about your search. Privacy can become an issue in many divorces, but there are things you can do to help protect your privacy when you are looking for a divorce attorney.

Tips to Following When Searching for Lawyers

Anything you do online leaves a footprint. For people who want to peacefully conduct their search for a divorce attorney, privacy and cautiousness are key. If you are looking to hire an attorney to assist with your divorce, here are a few things to keep in mind during your search:

• Avoid using shared devices. If you are looking for an attorney online, you should try to avoid using any devices that you share with your spouse. Instead of using a shared tablet or household computer, use your cell phone or another device that only you have access to.

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