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Mediation Offers More Privacy During a Divorce

Posted on August 08, 2018 in Divorce Mediation
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mediation, Wheaton divorce attorneyWhen you think about the legal process of divorce, do you picture a wood-trimmed courtroom with a spouse on either side and judge in the center to facilitate the standoff? This mental picture may not be exactly accurate, but it would probably be similar to the image of a divorce that most people would conjure.

What you might not know, however, is that the overwhelming majority of all civil cases—which include divorces—are not decided by a judge or jury in a courtroom. Rather, they are resolved through negotiations between the parties, and the judge’s primary role is to approve the agreement the parties have reached. One of the most common ways in which a divorcing couple reaches an agreement is through mediation. Divorce mediation offers several benefits compared to a litigated divorce, including time and money savings, scheduling flexibility, and a higher level of participation from both spouses. There is also the often-forgotten advantage of substantially increased privacy and personal security.

Court Records

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How Will Our Personal Property Be Divided During Divorce?

Posted on August 06, 2018 in Divorce
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divided, Wheaton divorce attorneysIf you have considered ending your marriage or have decided to divorce, you probably have questions about what will happen to all the accumulated property you and your spouse have. If you and your soon-to-be-ex are able to, you may decide how you divide things like residential property, furniture, vehicles, collectables, and bank accounts on your own. However, if you and your spouse are not able to come to an agreement about property division, the courts will be forced to intervene.

Illinois Courts Divide Property Based on What Is Equitable

States differ significantly on how property division is handled during divorce. Some states simply split a couples’ combined estate 50/50 and give half of all property or assets to one spouse and half to the other. Illinois, on the other hand, uses a set of guidelines called “equitable distribution” to divide assets during divorce. This method does not necessarily divide assets equally, but instead takes into consideration many factors to decide what is the most reasonable and fair way to distribute property.

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How Divorce Can Affect Children

Posted on August 01, 2018 in Children of Divorce
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divorce-children-affects-problemsIf you and your spouse are considering calling it ending your marriage, you probably have many concerns. Divorce will almost certainly have an affect on your finances, living situation, and especially your children. What should you expect your children to experience and feel if you and your spouse go your separate ways? Every situation is unique, but experts largely agree that there are some common things to be aware of when it comes to how divorce will impact your child.

Common Responses Children Tend to Have

It not unusual for you to see behavioral changes in your child during a separation or divorce. Some kids will act noticeably different at first and then adjust over time, while others may keep feelings inside and not immediately react to their changes in their family. In fact, some children will have no reaction at all to the news that their parents are getting divorced. It takes time for kids to process and understand what is happening and what it means for them.

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What Happens When a Parent Wishes to Move Out of State?

Posted on July 30, 2018 in Child Custody
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relocation, Wheaton family law attorneysIf you currently share custody of children with an ex or are planning to get divorced as a parent, you probably have many questions. Some parents wonder what will happen if they need to move out of state while in a shared custody scenario. Perhaps a job opportunity or new significant other necessitates the move, or maybe the parent wants to be near extended family. Whatever the reason, moving out of state as a parent sharing custody is possible, but there are a few things you should keep in mind.

You Will Need Approval from the Illinois Court System

The Illinois Marriage and Dissolution of Marriage Act specifies the procedure for when a parent wishes to move out of state. Before a parent in a shared custody scenario can relocate a child from Illinois to a new state, he or she must seek court approval. The primary custodial parent is the parent with more parenting time. Many people incorrectly assume that a primary custodian has the authority to move a child at will, but this is not the case. Both the primary guardian of the child as well as the other parent sharing custody are subject to this requirement. The court is tasked with hearing the reasons a parent wants to move as well as determining if relocating the child is in his or her best interest. The burden of proving that the move is in the child’s best interest lies with the parent requesting the relocation.

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Keeping Costs Under Control During a Divorce

Posted on July 24, 2018 in Divorce
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costs, DuPage County family law attorneyA divorce can be an extremely expensive undertaking in terms of both money and time invested. As a matter of fact, most individuals who are thinking about a divorce tend to ask about the associated costs as one of their first questions. It is impossible to predict exactly how much your divorce will cost you, as the related expenses can vary dramatically from case to case. Your costs will largely depend on the circumstances of your situation, the level of cooperation between you and your spouse, and your expectations regarding the outcome.

Planning Ahead

Preparation is among the most important ways that you can facilitate a cost-effective divorce. Your planning should begin several months before you file your divorce petition. To begin, make a comprehensive list of what you own, including both marital and non-marital property, and think about what your priorities are. Decide which things you want to keep, which things your spouse can have, and which things could go either way. If both of you agree that a divorce is your best course of action, you may be surprised at how well can cooperate at this point.

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