When one or both members of a married couple decide to get a divorce, many issues must be resolved before the divorce can be finalized. How couples resolve these issues depends on their circumstances and their ability to get along. In the best of circumstances, couples will agree on most or all of the divorce issues and file for an uncontested divorce or even a joint simplified dissolution if there are no children involved. Couples who disagree on certain issues can pursue mediation or collaborative divorce, which generally has a very high success rate of helping spouses resolve their differences and agree to a divorce decree that is, if not perfect for everyone, at least mutually tolerable. When all else fails, or there are certain high-risk situations such as domestic violence, couples may need to pursue divorce litigation in court. A qualified Illinois divorce attorney can help determine which method makes the most sense for your situation and then help you create a roadmap for resolving divorce matters.
What Do Spouses Need to Agree On Before the Divorce is Final?
Although each couple’s circumstances will vary from case to case, certain issues must always be resolved. If couples do not have children, they will need to reach an agreement on the following matters:
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The division of debt and property - If couples signed an enforceable prenuptial agreement that addressed personal property or spousal maintenance before getting married, this will supersede state law when it comes to asset division. However, assets and debt accumulated during the marriage will still need to be divided in a way that is fair.
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