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Algonquin divorce attorney litigation

For most divorces in Illinois, it is possible to reach a resolution through a settlement based on a cooperative agreement between the spouses, often with the assistance of attorneys or mediators. However, in some cases, a settlement is not possible, and the terms of the divorce will need to be determined through a trial and court ruling. A trial can be costly, time-consuming, and emotionally draining, but it may be your only option. If you can recognize the signs that a trial may be necessary, you can better prepare yourself with the help of a skilled divorce attorney who can present a strong argument in your favor.

When Is a Divorce Trial Necessary?

A divorce may go to trial if the circumstances surrounding it are contentious. Some signs that you may need to resort to trial litigation include:

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St. Charles complex divorce lawyerEven under the best circumstances, divorce can be a challenging process. Many marital issues are sensitive in nature and difficult to resolve. These matters may include allocation of parental responsibilities, child support, parenting time (visitation), as well as spousal support or maintenance (alimony). They can also involve valuables or high net-worth assets that need to be divided. Complex divorce proceedings can seem intimidating at first, but they can be managed with professional legal guidance.    

Child-Related Issues 

Many of the disputes in a complex divorce involve a couple’s children. These arguments can include how much time each parent will spend with the child or how much support will be paid by one of the parents, among other issues. A parenting plan is a legal document that establishes the legal rights and obligations of both parents as relating to their child. This plan outlines a schedule for when each parent will see their child. Creating this timeline can be difficult since most parents do not want to give up time with their kids or relinquish control to the other parent, especially if there are bitter feelings.  

Some of the child-related issues that may need to be addressed in a divorce settlement include:

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Posted on in Divorce

Kane County divorce attorneysThere are many reasons for a divorce. In some cases, it is because a couple grows apart and comes to the mutual decision to part ways. An amicable divorce typically means both partners agree on all or most of the marital issues. This makes the divorce process simple, fast, and less expensive than a contested divorce. An uncontested divorce is not always possible, especially if one spouse does not want the divorce in the first place. If a divorce is contested, it could also mean that the spouses do not agree on issues such as child support, spousal support, and the division of property. This animosity can carry over into the divorce proceedings, so if you are contesting any issues in your divorce, it is imperative to have legal counsel to protect your rights. 

Illinois Divorce Laws

In the state of Illinois, the only legal grounds for divorce is irreconcilable differences, which, defined by the law, “have caused the irretrievable breakdown of the marriage.” Also, it must be determined by the court that attempts to reconcile failed or that future attempts at reconciliation would not in the best interests of the family. Any divorce, whether contested or uncontested, begins with one spouse filing a Petition for Dissolution of Marriage and “serving” the other spouse with the papers. 

Reasons for Contesting the Divorce

The spouse who did not file can still try to contest the divorce by stating that there are no irreconcilable differences. However, under Illinois law, if the parties have lived apart in separate residences for at least six months right before one spouse files the petition, there is an “irrebuttable presumption” of irreconcilable differences between the pair. 

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Kane County contested divorce lawyerA contested divorce is hard for everybody, especially when you have a daily reminder of a broken marriage on your ring finger. You may find it hard to let go of your wedding ring because it reminds you of a happier time. When you remove your ring, it is a tangible sign that the divorce is happening. It may be particularly hard to take this step if the divorce was unexpected or not a mutual decision. However, there are some benefits to letting go of your wedding ring.  

Make Money Off Your Wedding Ring

Diamonds, gold, and platinum are expensive. Coincidentally, divorce is also expensive and can be a drain on your finances. And unlike a lengthy divorce process, selling a diamond ring can be simple. First, gather any information you have about the ring, such as the original bill of sale, a previous appraisal, or documents such as a GIA Diamond Grading Report. Next, find a reputable jewelry appraiser and get an updated valuation of your ring. Make sure your diamond specialist is BBB certified. Once you know what the ring is worth, get price quotes from more than one buyer. You do not want to sell your ring to the same dealer who gives you the appraisal. When the transaction is completed, you can have money in your account in less than two days.

Lift the Emotional Weight

Divorce is difficult, and starting a new chapter in your life is a process. One step is to remove from sight any physical reminders of your ex. Clothes, pictures, wedding gifts, etc. can be emotional triggers that hold you back from moving forward. Your wedding ring is a constant reminder of a broken relationship. Getting rid of your ring can be a positive step that you are ready to begin your new chapter.

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West Dundee divorce attorneyWhen it comes to who begins the divorce process more often, the statistics are clear -- women overwhelmingly are the party that is more likely to pull the plug on a marriage. A survey of more than 2,000 heterosexual couples found that women initiated nearly 70 percent of divorces.

Why Women Initiate Divorce More Often

Psychologists say that this figure mirrors what they see in their own practices. Typically, it is the woman who complains of dissatisfaction with their marriage. The man is more likely to express that he is troubled by his wife’s negative feelings about the relationship. However, the man also often says that he is fine with the state of the marriage and that he would prefer to ride out any trouble spots in the relationship.

In addition, married women report lower levels of “relationship quality.” This may have something to do with the fact that women are expected to take the man’s last name and are often responsible for the bulk of the housework and childcare.

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