Things You Can Do To Make Divorce Go Smoother
Most of us do not consider the possibility of divorce when we marry. Unfortunately, many American marriages end in divorce. While divorce is the last thing most people want, there are ways to make the process smoother.
This article highlights many proven ways to ease the divorce process. If you have legal questions about your divorce, our Schaumburg divorce lawyer at Law Office of Fedor Kozlov can assist you.
Divorce Process In Illinois
Before initiating the divorce process, it is necessary to understand Illinois divorce laws. Illinois is ‘no fault’ for divorce, which means that the divorce court does not require a spouse to prove that the other party’s bad acts caused the split. A no-fault divorce can reach a quicker resolution than a fault-based divorce because the parties do not need to wrangle about who did what and how to prove it. Also, with no-fault divorces, you do not need the other party’s consent to terminate the union.
State law says that the Illinois divorce court will grant the divorce when it determines that irreconcilable differences caused the marriage to break down and there is no hope of reconciliation. Also, the law requires that both parties live separately and apart for at least six months continuously before the divorce is finalized.
You can get an uncontested divorce in Illinois, which means you and your partner agree on the major divorce issues involving property, alimony, and child custody. On the other hand, a contested divorce is where the parties cannot agree and must get a court involved to resolve significant issues.
If you want your divorce to be smoother and faster, try for an uncontested divorce. This means there are contentious court fights. All the judge needs to do is review and approve the divorce settlement and issue the decree.
Illinois has no waiting period between when the divorce is filed and when the court can process it. Rather, the court can start processing your divorce as soon as the time passes when your partner can file an answer (this is usually 30 days). Most family court judges will hold a court hearing for uncontested and contested divorces.
How Property Is Divided In An Illinois Divorce
Illinois is an equitable division state, meaning that the divorce court equitably divides marital property and debt. This does not necessarily mean equally, however.
The judge will decide which property is marital and non-marital. Judges assume that property acquired by either partner during the marriage is marital property, so it is up to you and your spouse to prove if something is non-marital property.
Next, the divorce judge will divide marital property into just proportions, meaning that they will divide justly. This decision will be made by considering the following factors:
- What each spouse contributed to acquiring the property
- Whether either spouse dissipated marital property unnecessarily
- The value of the property assigned to each partner
- The length of the marriage
- What each spouse’s financial situation will be after the divorce
- Any prenuptial agreement in place
- Each person’s age, health, occupation, and skills
- What each spouse needs after the divorce
- Any financial obligations each party has from another marriage
- How child custody is being assigned
- What the tax consequences of the property division will be
- Each party’s financial prospects after the divorce
Overall, the judge has considerable discretion in dividing marital assets and debts. You should review your asset and debt situation with your divorce attorney to better understand how property could be divided by the court. It is best to agree with your spouse on how to divide property, but the court will decide if that is not possible.
Decide What You Want From The Divorce
Neither side will get everything they want in the divorce, so decide what is most important to you early on. What would you want to achieve the most to consider it a successful divorce? If you want to prioritize keeping the family home so the kids are not uprooted, tell your attorney and focus on that goal.
Remember That You Are In Control
Always remember during divorce that you are in control of your actions and emotions, not your partner. If your spouse wants to get overly emotional, even kick and scream, that does not mean you must return in kind. This also means you do not have to do the same thing if your spouse says terrible things.
Divorce is one of life’s most traumatic experiences, and it can be made worse by letting your spouse’s behavior and words influence yours. You are in charge of you.
Assess Your Finances
A common stressor during divorce is the changes in finances. You may suddenly be living on less money than you were before, so you should assess your sources of income, assets, and investments. Illinois is an equitable property state for divorce, meaning marital property is divided equitably but not necessarily equally.
Tell Your Lawyer Everything
You should always be truthful with your attorney about everything. Tell them about the details of your relationship, including infidelity, financial problems, issues with the kids, addiction, infertility, everything. Giving your lawyer the heads-up about all the warts in the relationship will help them prepare your case better. Remember, most experienced divorce attorneys have heard and seen it all.
Emotional Closure Takes Time
You should not expect emotional closure on your divorce when the decree is signed. It takes time. After all, the person you were closer to than anyone else is not there anymore. It is painful and will take longer to overcome the divorce. But you control your emotions, and you can get through it. The good news is that most people eventually get over their divorce and lead productive lives. You can do it, too.
Get Creative About Divorce Resolutions
In a divorce, both parties want something. Sometimes, each party will want the same thing, such as custody of the children. But in other cases, each partner wants different things. Try to think creatively to solve significant disagreements.
For example, if there are arguments about property division, think about creative ways to give both sides something. Talk to your lawyer or mediator about brainstorming ideas to resolve these contentious issues. Ultimately, it is best to compromise to get the divorce done in the least stressful way.
Compromise
The best path for you, your spouse, and the children is to complete the divorce most cleanly and simply. This usually means compromising with your spouse. Remember, the more stress and pain involved in the divorce, the more difficult it will be to restart your life when it is over.
Never Rip Your Spouse In Front Of The Children
Speaking negatively about your spouse in front of the children may be tempting. Never do it. To the kids, their parents will always be their parents, and one talking negatively about the other is damaging. Show respect for your kids’ relationship with the other parent, and they will love you more for it. Plus, if you need to go to court over custody and child support the judge will know if you have said nasty things to your kids about the other party. That does not help your side.
Do Not Go To Court Unless You Must
It always helps to avoid contentious court hearings. Maintain a polite and open dialogue with the other party regarding a divorce settlement. Going to court is sometimes unavoidable, but every court appearance has a financial and emotional cost. Do everything you can to settle things outside the courtroom, and your divorce will go smoother.
Never Deny Visitation
Some spouses are so angry during the divorce that they will try to prevent the other party from seeing the children. This will usually make the process drag on and will be stressful for both parents and the children. Your children will feel the tension and stress from being unable to see the other parent. So, do not deny child visitation unless you are sure their safety and health are at risk and can prove it.
Avoid Posting About The Divorce On Social Media
There may be moments during the divorce when your emotions get the best of you, and it has never been easier to put your spouse on blast on social media. Resist that urge. What you post on social media can be used against you by your spouse’s divorce attorney. Remove those apps from your smartphone if the temptation is too great to rip your partner on social media.
Provide Your Attorney What Is Needed
Listen carefully to your divorce attorney and provide all documentation they require promptly. The more you do to make your attorney’s job easier, the smoother and less expensive the divorce process will be.
Talk To An Attorney Early On
When faced with a difficult divorce, it is best to involve a skilled attorney early in the process. Having the best divorce lawyer can keep you on track and help you make the best decisions when challenges arise. If you try to handle the divorce independently and bring an attorney in later, it could be too late to have the best outcome.
Contact Our Schaumburg Divorce Lawyer Today
Divorce is never easy, but you can make the process smoother by following the advice in this article. If you have questions about your divorce, our Schaumburg divorce lawyer at Law Office of Fedor Kozlov can answer them at (847) 241-1299.