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Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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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 high-conflict divorce attorney

The time period surrounding a divorce is often marked by heightened emotions for both spouses as they contemplate what went wrong in the marriage and the many ways in which their lives are about to change. It is only natural that these emotions would lead to conflict over the divorce proceedings and the terms of the settlement, but it is important not to let this contention get in the way of making the best decisions for your future. The more destructive conflict there is between you and your spouse, the more difficult it is to reach a settlement that is mutually agreeable to both parties. Excessive conflict may also mean that your divorce case will have to go to trial, which can be costly, time-consuming, and emotionally draining.

Resolving Conflict Productively

  1. Understand your conflict style. Everyone approaches conflict differently and reflecting on your personal approach before you enter divorce negotiations can help you adapt your style to achieve your goals. For example, if you tend to accommodate the other person’s needs, you may need to make an effort to be more assertive. If you tend to approach conflict competitively, you may need to make a greater effort to listen to the other side.

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Elgin divorce attorneyIf you are going through a divorce, the first thing on your mind may not be taxes or financial issues; however, it is important to know that a divorce does have tax implications. Your filing status, tax consequences of maintenance payments, property transfers, and more are typically decided by your divorce judgment/order and affected by any new tax law changes.

A division of assets agreement should take into account any tax issues so there are no surprises later. If you are ending your marriage, a knowledgeable divorce attorney can help you prepare for any financial consequences.

Asset Division 

When a couple negotiates how to divide marital assets or property during a divorce, it is imperative to consider the areas that may have potential tax implications. Most marital property does not incur a tax liability if transferred, but you should consider the potential tax consequences of considerations such as:

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