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Divorce

Kane County Divorce LawyerWhile most spouses can make a divorce strategy like mediation or negotiation work, some cannot. Maybe your spouse is being utterly unreasonable and will not compromise. Or maybe your spouse has a substance abuse or mental health problem and will not participate in alternative dispute resolution. In cases involving spousal abuse, your attorney may recommend that you do not even attempt to resolve your divorce out of court. While few people want to go through divorce litigation, it may sometimes be your only option if you want to get your divorce finalized. It is important to understand what to expect during the divorce litigation process. The best thing you can do to protect yourself is to work with an experienced and aggressive divorce attorney. 

What to Expect During Divorce Litigation

Litigation is rarely pleasant, but if you must go through it you should know what to expect. When you are going through a contested divorce, you should prepare for: 

  • Time commitment - Depending on factors like the value of your marital property and whether you share children, divorce litigation can be very time-consuming. You will likely need to take several days or more off from work to appear in court. 

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Making Divorce Mediation Work

Posted on in Divorce

Kane County Divorce AttorneyDivorce mediation offers a lot of benefits over divorce litigation. The results of litigation can be unpredictable, but with mediation, you and your spouse can remain in control. Mediation is also less costly and typically less time-consuming than going to court. It can also spare any children involved some stress and offer them a sense of stability knowing that their parents can still cooperate. However, actually going through the mediation process can still be difficult. It can take several sessions to get every issue worked out, or you could wind up going back and forth on the phone for a while. You and your spouse will both need to stay committed to the process. If you are interested in divorce mediation as an alternative to litigation, an attorney can tell you more. 

Helpful Tips for Navigating Divorce Mediation

While going through mediation may bring up some strong emotions and feel stressful, it is still easier for most than going through a trial. Some tips that may help you successfully mediate your divorce include: 

  • Compromise - Accept that you are going to have to compromise. This may mean giving up something that you wanted in order to keep the process productive.

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Kane County Family Law AttorneyBeing married to someone who is addicted to drugs or alcohol can be intolerable. People with substance abuse disorders put their addictions first and their spouses and families second. When you finally decide that your marriage is no longer sustainable and divorce is your best option, you should be prepared for an uphill battle. Addicts and alcoholics are typically not the most reliable or reasonable people, which can make getting their cooperation during the divorce process very difficult. They likely manipulated you a lot during your marriage and will probably continue trying to do so during your divorce. You may face an emotional struggle on top of your legal struggle. It is important to work with a strong attorney who can help you stand your ground and protect your own interests and the interests of any children you share with your spouse. 

Tips for Divorcing a Drug Addict or Alcoholic

You cannot do anything to change your spouse’s behavior. If you are at the point where you are seeking a divorce, you have probably tried everything you can think of to help your spouse overcome their addiction. Some things to keep in mind during the divorce process include: 

  • Communicate through lawyers - It is probably best that you do not try talking to your spouse directly lest they resort to manipulation. They may promise to get clean and sober, or they may threaten to commit suicide. Your best option is to let your attorney handle all communication. 

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Kane County Divorce Mediation LawyerGoing through a divorce can be extremely difficult even under the best circumstances. Divorce litigation–that is, contested divorce–can be particularly stressful. It is also time-consuming and often expensive. If you and your spouse share children, a Guardian ad Litem is likely to be appointed. You should know that you have other options for getting divorced. In fact, various forms of out-of-court divorce are rapidly replacing litigation as the main way that people in Illinois get divorced. 

Even if your divorce is less than amicable, you and your spouse may still be able to use means other than litigation to settle your divorce. Divorce attorneys often encourage clients to use these simpler means in order to divide their property and create a new parenting plan. Your divorce lawyer will assess your situation to help determine whether one of these low-conflict methods may work for you. 

What Are My Options for Settling My Divorce Out of Court?

There are several methods for helping spouses reach an agreement out of court during their divorce. The method your attorney recommends will depend on your personal situation and circumstances. Options include: 

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Kane County Divorce LawyerIn general, just about everything you and your spouse have acquired during the course of your marriage is considered marital property. Marital property is to be equitably (fairly) divided during a divorce. However, it is possible for a married person to own separate property, that belongs only to them and not to their spouse. Separate property is not subject to any kind of equitable division during divorce. The spouse who owns it keeps it. One of the first steps towards dividing property in a divorce involves identifying what is marital property and separate property. Your lawyer will be able to help you determine what is or is not your separate property. 

What is Considered One Spouse’s Sole Property?

Even when you are married, you can have property or money that only belongs to you. This type of property include: 

  • Premarital Property - Getting married does not mean that all of your property abruptly becomes your spouse’s property too. If you came into the marriage with it, you can leave the marriage with it as well in most instances. For example, if you are still driving the car that belonged to you before you got married, your spouse is not likely able to claim any ownership interest in your vehicle. This does also includes any debts you had before you got married, like student loans or old credit card debt.

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