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Posted on in Divorce

contested divorce, Kane County divorce lawyerJust like there are a near-infinite variety of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair while others end because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time consuming than uncontested divorces and individuals undergoing this type of divorce are strongly encouraged to hire an attorney.

Contested Divorce vs. Uncontested Divorce

Couples who agree on issues such as property and debt division, the allocation of parental responsibilities, parenting time, child support, and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The Court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.

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Posted on in Divorce

lawyer, Kane County divorce lawyerWhether or not to hire an attorney to help you end your marriage is always a complicated question. While many young couples without children or significant debt or assets can successfully file for divorce on their own, the majority of divorcing couples would be taking a major risk not hiring an attorney. Although many people are concerned that hiring an attorney will be too expensive, employing the help of an attorney actually increases the chances you will save money on child support, spousal maintenance, and other costs. Hiring an attorney to represent you during your divorce can benefit you in many ways.

Save Time and Frustration

The American legal system is one of the best in the world, but it can be tedious to navigate. Divorces, especially complicated or high net worth cases, can require seemingly endless amounts of paperwork, signatures, meetings, and legwork. Because divorce is often a deeply emotional process, some people find that they are simply unable to handle the added stress of managing the legal aspects of their divorce alone. An experienced family law attorney can help streamline the divorce process, saving you valuable time and resources.

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Posted on in Divorce

divorce, Kane County divorce lawyerIn a world where access to information is as easy as typing a few search terms into your smart phone, it is rather surprising that so much misinformation about divorce continues to circulate. Some of the misconceptions may be attributed to long-held beliefs that can be difficult to change while others were once true but are not anymore.

For example, you may have heard that:

  • Half of Marriages End in Divorce. This common statement is not an accurate depiction of the actual divorce rate in the United States. It comes from a flawed comparison of the per capita rate of marriages and divorces in a particular year. Comparing the number of marriages against the number of divorces for any given year will result in skewed data. For example, some of the divorces that occurred in 2016 involved marriages that may have begun 30, 40, or even 50 years ago. The actual divorce rate is closer to 40 percent than 50 percent, and it is markedly lower among younger couples;
  • Divorce Is Bad for Children. Many couples make the mistake of “staying together for the children.” Research has repeatedly shown that doing so is often not in the best interests of the child. If a couple stays together but is often fighting, arguing, or giving each other the silent treatment, this can be very psychologically damaging to the child. If the atmosphere in the home is tense and unloving, a divorce may actually help the child to thrive. Children are very resilient, and if they are given love and guidance, studies suggest that it does not matter if that love comes from two separate households;
  • The Divorce Rate Is Rising: Despite beliefs to the contrary, the divorce rate peaked in the 1970s-1980s. In fact, about 70 percent of the people were got married in the 1990s were still married after 15 years. About 65 percent of those married in the 1970s and 1980s celebrate their 15th anniversary which means that marriages are lasting longer on average. Research shows that the divorce rate was approximately 40 percent in the 1980s dropping to about 30 percent in about 30% in the early 2000s. The present rate of divorce is estimated to be somewhere in between;
  • Getting a Divorce Will Make You a Social Outcast: There was a time when divorced men and women were looked down upon. They could walk into a crowded room and it would become quieter as others whispered gossip about the divorcee. This is very rarely the case anymore. With a few exceptions, most people are very familiar with divorce. Even if they are not divorced themselves, they have friends or relatives that are. Getting a divorce is not something shameful, and the social stigma once associated with divorce is all but gone.

If you are considering getting a divorce, you probably have many questions. Our attorneys are knowledgeable and ready to answer your questions and help guide you through the divorce process. Contact a skilled Kane County family lawyer at Bochte, Kuzniar & Navigato, P.C. today. Call 630-377-7770 for a free consultation.

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divorce laws, Kane County divorce attorneyWhen you have reached the point in your marriage where the relationship is no longer happy or healthy, you have several options. The commitment you made at your wedding is important to you, and you are probably hesitant to call it quits without a fight. Marriage counseling, individual and couples’ therapy, and other efforts may be successful in helping you salvage and repair your relationship, but, in many cases, the things are just too broken. If this describes your situation, a divorce might be your only remaining option. Fortunately, the laws regarding divorce in Illinois are among the most permissive in the nation, making a better future possible for those who might be trapped otherwise.

Divorce Requirements

To seek a divorce in Illinois, you, your spouse, or both must have been a resident of the state—which includes being stationed in Illinois as a member of the armed services—for at least 90 days prior to filing. In filing your petition, you will need to cite the grounds for your divorce. Changes to the law that took effect last year make this part easy as well. The court will only grant a divorce on the grounds that irreconcilable differences have led to the irretrievable breakdown of your marriage. It is no longer possible to cite so-called “fault” grounds such as adultery, repeated mental or physical cruelty, or abandonment. These changes also mean that you will not have to prove that such behavior occurred, making the process much simpler than it might have been in years past.

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Posted on in Divorce

credit, Kane County divorce attorneyIt is not uncommon to experience credit issues or other financial problems in a divorce. Many people, however, are ambushed by the true scope of such issues and, as a result, experience serious difficulties. If you are just beginning to go through a divorce, or if you have been experiencing financial problems even before your divorce begins, you may need to take steps to ensure that things do not get worse.

Take Steps Before You File

If at all possible, it is generally a good idea to do what you can to ensure your finances remain stable even before beginning divorce proceedings. The first step that should be taken, if you and your spouse remain on good enough terms, is to work together collectively to minimize or eliminate as many marital debts as possible, as well as to close or freeze joint accounts. Illinois law holds that debts acquired by either spouse “subsequent to the marriage” are classified as marital property, meaning that when your assets are divided, your debts will be as well. This can sometimes lead to you being on the proverbial hook to pay off a debt you did not incur.

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