Monthly Archives: January 2021
Factors that Can Prolong the Divorce Process in Illinois
Coming to the end of a marriage can be devastating. The divorce process can be stressful too. Many people would like to just get it over and done with as quickly as possible.
There’s no set length of time for divorce processes. Each and every divorce is as unique as the couple going through it and their circumstances. A divorce can take anywhere from 30 days to several years to finalize. There are several factors that can delay the finalizing of a divorce in Illinois. These include:
Child-related issues
One of the most common causes of delay in finalizing a divorce is children. It can be difficult to resolve issues such as child support, child custody and visitation. Decisions regarding children should be made in the best interests of the children. However, parents may disagree on the allocation of responsibilities and their obligations regarding the children as their emotions drive them during the divorce.
Having attorneys present during the determination of a parenting plan and deciding other issues such as custody and support can help to separate emotions from logic. Couples will be in a better position to make decisions that will meet the needs of their children after divorce.
Division of assets
Another issue that often results in the prolonging of divorce proceedings is the division of assets. Determining who gets what and in what proportion can be a great source of contention.
The law in Illinois requires the equitable distribution of marital assets and property. This means that any property or assets acquired during marriage must be divided fairly between the spouses. Assets in this case may include vehicles, houses, furniture, antiques, jewelry and even family-owned businesses.
Divorces where couples have high-value assets are often difficult to resolve. There are also instances where a spouse may hide assets or believe that their spouse is hiding assets. Accountants may be brought in to uncover these assets. This can prolong divorce proceedings. It can also take longer to settle a divorce where the couple has accrued a lot of debt during marriage. This debt will need to be split during divorce. It can take a long time to determine who ought to be held responsible for the debt.
The level of cooperation of the spouses
If the spouses involved are willing to sit down and negotiate, then even the most complicated divorce case can be resolved much faster. If the spouses aren’t willing to negotiate or agree on even the simplest matters, the divorce process can go on for years. In some cases, where spouses are unable to reach an agreement on their own, the divorce ends up in court where the solutions will be determined by a judge.
Litigation should be considered a last resort as it takes the power of decision out of your hands. If you’re seeking a divorce, hire an experienced attorney to guide you through the process. Legal representation will help to ensure your rights are protected throughout the process.
Do I Need a Lawyer for Divorce Mediation?
If you’re seeking a divorce, there will be various issues that will need to be discussed and agreed upon before your divorce is made final. These range from child custody to property and asset division. These matters can be addressed through mediation or in a court.
Mediation is always the best choice for divorce. It offers many benefits including being less expensive and offering spouses more control over the outcome of the divorce. Going to court will result in huge expenses in legal fees and it will result in a judge making all the decisions for you. Going to court also means that the divorce will most likely take anything from several months to years to be finalized. Mediation is a great option if you and your spouse are willing to sit down and negotiate.
If you and your soon-to-be ex have opted for mediation, you will need to hire a mediator. This is a neutral party that guides the conversations to help you come to an agreement. It is also a good idea for each spouse to hire a divorce attorney. Here’s why:
You’ll gain access to legal knowledge and experience
Divorce laws can be complex. It can be difficult to understand the long-term impact of a decision you make during mediation. An experienced attorney will provide you with guidance to ensure you make the best decisions for you and your children if any. They will help you better understand the requirements of the law and how you can protect yourself.
You’ll get legal advice for your particular situation
Mediators only provide spouses with information about the options available to them. As unbiased parties, they cannot provide legal advice to any of the spouses.
An experienced attorney will assess your circumstances and provide you with advice based on their experience and understanding of the law. A lawyer will step in and ensure your best interests are considered in issues such as child custody, division of assets, sharing debt and much more.
An attorney will help to remove the emotional aspect from the decision-making process
It can be difficult to come to an agreement during a time when your emotions are all over the place. You may not be able to think clearly. You may want to take revenge on your spouse or even want to give up some of your rights in the heat of the moment just to get it over and done with.
An attorney will help to take that emotional aspect out of the decision-making process as they are not personally involved in the case. They can provide you with an objective view of the situation and advise you on the best decisions to make to safeguard your future.
They can help you save money in the long term in many cases
The decisions made during a mediation are legally binding once the divorce is finalized. Hiring an attorney may seem expensive right now but will save you a lot of money in the long term in many cases. A legal representative will help you make better decisions regarding division of property, child support and other financial matters. They can help you secure your financial future after divorce.
If you’re seeking a divorce, be sure to contact an experienced attorney to guide you through the process.
Is Nesting a Good Option for Your Divorce?
Going through a divorce is stressful for a couple. Children of divorce also experience significant amounts of stress. This is the case even in an uncontested divorce which is completed in a short period. Children still find that they have to adjust to many changes, which can be difficult.
Children thrive on stability and permanence. Divorce disrupts their sense of stability. They were accustomed to having both parents in their lives and now they only have one parent that is their main caregiver and with whom they live the majority of the time.
Some parents consider ‘nesting’ as a way to help their children make the transition after a divorce.
What is nesting?
Illinois divorce laws allow spouses to determine their own agreements when it comes to child-related issues such as who gets primary custody of the children, the amount of spousal support they should expect as well as parental visitation rights. Issues relating to children in divorce are outlined in a parenting plan. This document is legally binding. Therefore, decisions that are made and documented must be adhered to once the divorce has been finalized.
Divorced parents in Illinois can therefore make a nesting plan. In this type of arrangement, both parents live in separate spaces outside the family home. The children are the only permanent residents of the home during the nesting period. Each parent comes to the home to live with the children for a set time according to a parenting schedule. The parents are never in the home at the same time. Some parents opt to have the same second living space as they are never in this space at the same time either.
In such a scenario, the father may live with the children in the primary family home for a week or two in a month. The mother will live with the children the rest of the time when the father is away.
The pros and cons of nesting
There are several benefits and downsides of nesting. Nesting helps parents focus on their children’s needs as opposed to their own needs. It gives children a greater sense of stability as they can still enjoy time with both parents within the family home. It also gives both parents time to spend with their children and helps children ease into the more permanent parenting plan after the divorce.
However, nesting can be expensive as the parents must have separate living spaces outside the family home. Depending on how long the nesting arrangement is for, it can make it difficult for the parents to move on after divorce and pursue romantic relationships. Nesting can also give children a false sense of hope. They may think that their parents will get back together.
Is nesting right for you?
Are you considering nesting for your family after your divorce is finalized? There are several factors to consider. Can you and your spouse afford a second residence? Who will be responsible for the monthly bills and upkeep of the primary family home? How long would you be able to keep the nesting up?
It is important to talk to your divorce attorney to better understand how nesting works and if it is a good option for your family.