303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for a Free Consultation
Evening and Weekend Hours by Appointment
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Search
Serving Kane, McHenry, DuPage and Cook Counties

Kane County family law attorneysDivorce does not have to be the difficult process that you once thought it would be. You and your spouse can avoid costly battles in court and come to an amicable settlement through mediation. Negotiating with your soon-to-be ex-spouse can be challenging, especially if child-related issues are involved. It is important to arrive at your mediation meetings with the right frame of mind. Even with an experienced mediator, it is your responsibility to listen deeply, communicate your needs, and find a compromise. If you are feeling nervous at all, remember that the benefits of mediation go far beyond cost savings, and you have a better chance of maintaining a peaceful relationship with your ex-spouse once the divorce is final. A qualified divorce attorney can help you achieve this goal.

Listen Attentively and Be Courteous

Mediation is about compromise, so that means more than just stating your terms and hoping your spouse will agree to them. Depending on the circumstances, your spouse may attempt to push you to bend to his or her terms. You might also find yourself judging your spouse or focusing on your assumptions, but you will never be able to develop a solution that works for both of you if you do not stay present and respectful. Hopefully, your attentiveness will foster a comparable frame of mind in your spouse and that the mediation will go move forward smoothly.

Do Not Dwell on the Past; Build a Positive Future

Divorce and the painful experiences that lead to it are uncomfortable, but if you are trapped in those emotions, you might run into many pitfalls during your mediation. If this is the case, you will have a difficult time building a future that you can enjoy. Imagine the future that is best for you, your spouse, and your children, and cooperate with your spouse to determine the changes that will lead to that positive outcome.

...

Barrington divorce attorney

Mental illness can manifest itself in many different forms, including depression, anxiety, or schizophrenia. Some of these conditions are recognizable while others are harder to detect. Studies show that nearly half of American adults will experience a mental illness during their lifetime. In many cases, these conditions can cause the breakdown of a marriage. The emotional upheaval that a divorce causes can be challenging for anyone to go through, but when one spouse has mental health issues, legally ending a marriage can be even more intimidating. Although Illinois courts do not consider fault in a divorce, it will weigh several factors when determining certain marital issues such as child custody or dividing assets and property. The mental well-being of one spouse may impact the outcomes since a judge will consider what is in the best interest of the children.   

Practical Steps to Protect Yourself

The stress of a divorce can escalate the symptoms of mental illness. For example, a person who suffers from depression may become suicidal at the news that his or her spouse has filed for divorce. In other situations, a mentally ill person can become violent toward his or her spouse or children in response to the marriage dissolving. In certain cases, Illinois courts may terminate parental rights when a parent is mentally ill is unable to perform basic parental duties. 

...

Kane County divorce lawyersA divorce can impact all areas of a person’s life, from physically separating to breaking apart emotionally and financially. Once the decision to divorce has been made, a couple may think the hard part is over. However, the legal process of ending a marriage raises many new queries that need to be resolved. For example, how will property and assets be divided? If children are involved, who will be awarded the allocation of parental responsibilities and who will pay child support? What are the tax implications, especially when it comes time to file your taxes? With tax season upon us, it is important to be prepared by considering the tax consequences when you get divorced in order to protect your financial future.   

Tax Implications of Divorce

Even if you or your spouse has filed the divorce petition, if you are still married as of December 31 of that given year, you have the option to file jointly for that year’s tax return. Until a divorce decree has officially been issued, you are married in the eyes of the law. However, once your divorce is final, each party has the option to claim as Single or Head of Household. The right choice for your situation will depend on your specific circumstances, and it is advisable that you speak with a tax professional.

If you have children together, the parent with the majority of the parental responsibility typically files as head of household, and the tax exemption or credit for the children usually goes to this parent. In some scenarios, parents can split tax exemptions using IRS form 8332, which means the custodial parent allows the other parent to claim a child on his or her taxes. Parents can also claim a tax credit for each dependent who is under the age of 17. There are also other credits for contributions to education and childcare.

...

Kane County divorce attorneysPeople often say that a marriage is hard work. Once the “honeymoon” phase is over, being married can be challenging for various reasons. Even if two spouses love each other, life circumstances can get in the way of living happily ever after. For example, a job loss or the death of a loved one can cause one partner to turn to alcohol or drugs as a remedy. In other cases, someone may become addicted to shopping, gambling, or pornography as a way of coping with stress. Regardless of the root cause of an addiction, this type of behavior can destroy a marriage and ultimately lead to divorce. If you are thinking about divorcing your spouse who has an addiction problem, it is important to know how to protect yourself emotionally and financially.  

Irreconcilable Differences

In Illinois, the only recognized “grounds” or reason for divorce is “irreconcilable differences.” This means the marriage has deteriorated without hope for reconciliation. Therefore, abusing drugs or alcohol cannot be the official reason to file for divorce, but it can definitely contribute to the breakdown of a relationship. When a couple has children together, addiction can put a significant strain on the family. In some cases, alcoholism can lead to physical or verbal abuse. Attempts at rehab or therapy may have failed to resolve the problem. A parent may feel he or she has no choice but to leave the marriage in order to protect him or herself as well as his or her child’s best interests. Even though it is not a legal prerequisite, if a couple has been separated for at least six months, that typically proves they have irreconcilable differences.

Protecting Yourself

Once you have decided to leave your addicted partner, there are a few things you can do to help prepare for the divorce process. In many divorce cases involving an addict, the two spouses do not agree on how to divide marital property or assets. For these situations, the court will consider many factors to determine the allocation of parental responsibilities or parenting time. Overnight stays may not be granted, or a judge can order supervised visitation for the parent who has a substance abuse problem.

...

Kane County divorce attorneysThe reasons for divorce can be numerous, from infidelity to financial problems to addictions to simply growing apart. Some marriages can end amicably if the decision to separate was mutual. However, many divorces are contentious, especially if one partner harbors bitter feelings toward the other spouse. When it comes time to make decisions during the divorce proceedings, this can cause conflict. 

Litigation is one approach to resolving divorce disputes between couples. This method involves going to court in order to come to an arrangement on issues such as spousal support or allocation of parental responsibilities, and more. Couples will often resort to litigation if they cannot reach an agreement on their own or through mediation. It is important to have an experienced divorce attorney by your side if you are considering filing for divorce under any circumstances. 

Steps to Keep in Mind When Divorce Issues Are Escalated

Just as every marriage is different, every divorce is unique. Each has its own set of challenges and issues to resolve. If a couple had a difficult time agreeing on things during the union, they will likely argue over property division or child-related issues in the divorce settlement. That is when a judge may become involved, and he or she will make the children’s best interest the top priority when determining certain solutions. The court will weigh several factors when deciding outcomes for parenting time and child support, including the kids’ wishes.   

...
Martindale Hubbell Rating Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
Back to Top