The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

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Aurora divorce attorney - COVID 19The COVID-19 pandemic has had a significant impact on many areas of our lives. The lockdowns people across the country had to deal with and the inability to visit and spend time with loved ones led to many people re-evaluating their lives and changing what should and should not be priorities. Initially, statistics showed that the divorce rate was dropping during the first several months of the pandemic. It was thought that the forced lockdowns were bringing many couples closer together instead of driving them apart.

Fifteen months later, however, new statistics are showing that may have been a misconception as the divorce rate begins climbing upwards again.

Initial Drop in Divorce

There are many reasons the divorce rate may have dropped during the height of the pandemic and lockdowns. While some couples may have become closer, for others, being isolated at home with a spouse during the pandemic ended up putting a keener focus on marital issues a couple had that they may have been unaware of or chose to ignore.

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Naperville divorce attorney for asset division

Financial planning is always a smart decision, but during a divorce, financial planning can become critical. Developing a financial plan can become an extremely important piece of ensuring your financial health after the divorce. You have likely heard of the old adage that “knowledge is power,” but that is especially true when it comes to a divorce. 

Understanding the “In Spouse” and “Out Spouse”

In many cohabiting couples, there is usually a spouse who is more financially savvy and knowledgeable about the household’s finances than the other. This spouse is typically referred to as the “in spouse” because they are the ones who are in the financial loop. The other spouse, referred to as the “out spouse,” usually has little to no knowledge of how the household’s finances are handled. The “in spouse” may handle every aspect of the finances, such as paying the bills every month, keeping track of bank accounts, making investments, and creating and maintaining a budget. Naturally, the “in spouse” would have a bit of an advantage over the “out spouse,” who has not really been involved in the monetary aspect of the divorce. In some cases, the “in spouse” may be controlling or secretive about the family’s finances, making it difficult for the “out spouse” to get an accurate understanding of what they are working with. 

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Geneva gray divorce attorney

There are a number of well-touted statistics that are commonly thrown around when it comes to divorce. As we all know, around half of all marriages will end in divorce. Even though the divorce rate is decreasing, the divorce rate of those who are over the age of 50 is actually rising and has been since the 1990s. The Pew Research Center reports that the divorce rate for adults over the age of 50 has nearly doubled since the ‘90s, while the divorce rate for adults over the age of 65 has nearly tripled. Many people are aware of the impact that a divorce can have on a child when they live in a household with parents going through a divorce. What many people do not realize is that many of the older couples who are getting these divorces have adult children who are greatly affected by their parents’ divorces. 

Tips to Help Your Adult Child Through Your Divorce

Many times -- both parent and child -- think that handling a divorce will be much easier on the child when they are an adult. But just because a person is an adult does not mean they cannot be affected if their parents decide to split up. This can be just as distressing to a person as an adult as when they were a child. As a parent, it can be heartbreaking to see your child in the kind of emotional distress that comes with watching your parents split up, but there are things you can do to help. Here are a few things you can do to help your child cope with your divorce:

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Batavia divorce attorney parenting plan

For many parents, the most difficult part of the divorce is the children. How will they react to the news of the divorce? How much time will I get to spend with them each day? Who will pay child support to whom? These are some of the things that may be running through your mind as you go through a divorce as a parent. The good news is that many, if not most of your questions will be answered once you and your spouse come to an agreement on a parenting plan for your children. In Illinois, you are required to file a parenting plan that outlines certain issues before you can finalize your divorce. Your parenting plan can also be a valuable tool to utilize when you set out to co-parent with your spouse after the divorce.

Provisions to Consider Adding

Co-parenting is never easy, even when you are doing it with your spouse when you are married. Co-parenting with an ex can be especially stressful and emotionally taxing, but a clear-cut parenting plan can help take some of the uncertainty out of what the expectations of each parent are. Illinois courts require certain elements to be present in a parenting plan for it to be valid, such as a parenting time schedule and an allocation of parental responsibilities. You may want to consider adding other provisions such as:

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Geneva divorce attorney

At the beginning of your marriage, both you and your betrothed were likely bright-eyed and crazy in love. However, life rarely works out the way you plan. One day, you may find yourself trying to figure out how to tell the person with whom you once wanted to spend the rest of your life that you want a divorce. Unfortunately, not everyone feels the same in the end. Sometimes, the other spouse does not think the relationship is over and does not want a divorce. Even though this can make the legal process of ending your marriage more challenging, you can still obtain a divorce if your spouse refuses to acknowledge your desire for one.

Handling a Spouse Who Refuses to Call it Quits

In the state of Illinois, the divorce process is started when you file a Petition For Dissolution of Marriage with the clerk of the court in your jurisdiction. This officially asks the court to legally terminate your marriage, and it also establishes you as the petitioner and your spouse as the respondent. Once you have filed your petition, you are then responsible for notifying your spouse of your intent to divorce and of the hearing that will be held before the judge. Your spouse has 30 days from the date you filed the petition to file a response to the notice.

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Geneva dissipation of assets attorney

When a married couple plans on getting divorced, the last thing they may feel like doing is cooperating with each other. Even though they might not be on the best of terms, communicating and working together may be the best tactic to take for everyone involved. Even Illinois courts urge couples to try to work together with their attorneys to make decisions about their divorce. If a couple is unwilling or unable to compromise or come to a resolution, the court will have to intervene and make decisions for the couple based on Illinois law. Asset division can be tricky, and the exact laws that apply to this situation might be different from what most people think.

The Division of Assets Is Not Always 50/50

Many people think that the asset division process is simple and that each spouse will get exactly half of everything they own together. While this may be true in some states, Illinois practices what is called “equitable division.” This means that each spouse will receive a portion of the marital estate that is considered fair and just. To achieve an equitable division, the judge will look at a variety of factors to determine what each spouse should receive. Some of these factors include each spouse's income-earning potential and whether or not one parent gave up a career to stay home and raise children. In addition, the parent who is allocated the majority of the parental responsibilities may receive the marital home, since the children will reside there most of the time.  

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Illinois divorce attorney, Illinois family lawyer,Whether you are just starting the divorce process or you are in the middle of a months-long divorce, it’s no secret that it can be hard on everyone. For many people, the only information they have about divorce is what they have heard from family or friends who have gone through it, or what they have seen on TV or in movies. Divorce brings with it a slew of uncertainties that even the most planned out divorces can bring. The divorce process is different for everyone, but here are a few things you may not know about divorce: You Will Probably Experience the Grief Process Losing a relationship from your life is a lot like losing a person from your life. Many people going through a divorce find that the healing process is very similar to that of the grieving process -- though it is not so much of a surprise. It is only natural for you to grieve the loss of your relationship, but going through the grief process can help you move on with your life. Your Children Will Definitely Be Affected Many divorcing parents wonder if their divorce will affect their children. While the perfect answer would be no, the divorce will almost certainly affect your children, even younger ones. There is no way to tell how a child will react to news of a divorce, but as a parent, it is your job to make sure your child develops healthy coping mechanisms. A divorce does not mean your child will be emotionally scarred for life -- most children are usually happier after. It is Going to Cost You Money It has been said that the average wedding these days costs anywhere from $20,000 to $30,000. Sadly, you could end up spending that much on divorce, too. While there is no “average” cost for a divorce, they can become costly very quickly. The total cost of a divorce will depend on the type of divorce you are getting, where your life if you are using an attorney and how amicable you and your spouse are. All Divorces Were Not Created Equally Many people think the only way to get a divorce is to hire attorneys and fight it over in court. In reality, there are a handful of ways you can go about getting a divorce. You could go with a traditional litigated divorce, a mediated divorce, a collaborative divorce or even a do-it-yourself divorce. Each type has its own advantages and disadvantages, so it can be worth it to do your research before you begin the process. Consult with a Knowledgeable DuPage County Divorce Lawyer

Although divorce may feel like the end of the world, it is not. All divorces are different, but one thing you can do to make sure you have a successful divorce is to hire a skilled Yorkville divorce attorney. Contact the Law Offices of Matthew M. Williams, P.C. today to discover how we can help you finalize your divorce and allow you to move on with your life. Call our office today at 630-409-8184 to schedule a consultation.

 

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Illinois divorce attorney, Illinois family lawyer,Making the decision to get divorced is not one that comes easily to most people. A marriage does not break down overnight -- it takes months or even years to reach the point of no return for most divorcing couples. Once you have made the decision to get a divorce, the first step in what is often a long process is figuring out how you will go about the divorce and which divorce lawyer is right for you. Shopping for a divorce lawyer is a lot like shopping for a car -- they are not cheap, so it is important that you make your decision with care and thorough knowledge. If you are beginning the process of finding a divorce lawyer that would be a good fit for your family, here are a few tips that can help guide you:

Determine What You Need

Before you even contact any lawyers, you should figure out what exactly you are looking for in a divorce attorney. Which specific needs do you have? Is your divorce contested or is it straightforward? Do you need an attorney who especially experienced in certain parts of family law, such as child custody? Are you looking for an attorney with experience dealing with collaborative divorces, mediation or traditional divorces? Determining your needs can help determine what kind of lawyer you need.

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Illinois divorce attorney, Illinois family lawyer,When you are going through a divorce, there are many changes that you will notice. These can range from obvious ones -- such as your living arrangements or income -- to ones you may not necessarily think about all of the time -- like insurance. Insurance is something that you will almost always need, but it is also something people do not necessarily think about. Many people forget about insurance changes when they are going through a divorce because compared to other things you might be dealing with, it may not seem very important -- but it is. Taking care of these crucial changes to your insurance policies can save you grief and money in the long run.

Life Insurance

If you have a current life insurance policy, you may need to reevaluate the terms of the policy before you finalize the divorce. As long as there are no ongoing obligations, such as child support or spousal maintenance, you may want to think about removing your ex-spouse as a beneficiary on your insurance policy.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,There are many reasons why couples get divorced. Infidelity, financial problems, lack of commitment and different priorities are all common reasons why couples choose to get divorced, but they all typically contain one major common theme -- a lack of trust. When you no longer trust the person you are married to, it is difficult to have a successful marriage. During a divorce, it is not uncommon for one or both spouses to have assets that they have attempted to hide from the other. While this may seem like a good way to keep your spouse from getting certain things in a divorce, it is illegal. Full disclosure is required in divorces. If you feel like your spouse may be hiding things from you, here are a few ways you can try to uncover hidden assets in your divorce: Look Over Tax Returns A good place to start looking for hidden assets is on your tax returns. Pull your tax returns from the last five years and examine them carefully. You should be looking for any inconsistencies in the returns, such as inconsistencies in income, itemizations of assets, real estate taxes, mortgage interest. Keep an Eye on Your Bank Accounts Take a look at your joint bank accounts. Are there any canceled checks from your checking account? Are there unusual withdrawals or deposits into your checking or savings accounts? If so, you may be dealing with a spouse who has attempted to hide money from you. Make sure you get copies of all bank account statements to use in court. Utilize Public Records

Public records can be extremely helpful when you are looking for hidden assets. Some jurisdictions allow you to access certain public records online, but all jurisdictions have public records on hand at the courthouse. When looking through public records, you should focus your attention on:

  • Property deeds;
  • Real estate appraisals;
  • Tax assessments;
  • Loan applications; and
  • Business records.

Team Up With a DuPage County Asset Discovery Attorney

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Parenting is a full-time job and it is never really easy. Co-parenting can be even more difficult after a divorce, especially if your divorce was particularly heated and contentious. You may wish that you never have to see or talk to your ex-spouse ever again, but the truth is when you have children, you will never truly be completely separate from your spouse. Your children are the most important aspects of your life and for their sake, you should learn how to co-parent peacefully with your spouse. Here are a few tips you can use to help form a successful co-parenting relationship with your ex: Put Your Emotions on the Backburner Co-parenting is almost never easy. You may feel emotions like anger, disappointment, sadness, rage, and even hatred, but you must try to put these feelings aside and work with your ex, rather than against them. Never allow your feelings to put your kids in the middle of your problems with your ex. You can argue with your ex all you want, just do not do it in front of your child. Work to Communicate Effectively When it comes to successful parenting and co-parenting, communication is key. Though you may not want to communicate with your ex, you will have to in order to co-parent effectively. Try keeping conversations with your ex centered around your children rather than yourselves and try to keep the tone of the conversation formal and business-like. Be Consistent Consistency is key with children. They thrive off of routine and it can even help them to cope with the divorce by not adding more stress and different expectations at each home. Try to keep their schedules as similar as possible at both homes, like having the same bedtime at each home. Make Decisions Together Your child’s well-being is your number one priority. Decisions about your child should be made by both you and your ex -- not just one of you. When it comes to decisions about your child’s education, medical care, and other important life issues, you should always include your spouse in the decision-making process. Hire a DuPage County Child Custody Attorney Today

Before you are able to finalize your divorce, you will have to submit to the court a completed parenting plan that you and your spouse both have signed and agreed upon. Though it may be difficult, it is in everyone’s best interest to come to an agreement on child custody and parenting time on your own, rather than having a judge tell you what you will do. At the Law Office of Matthew M. Williams, P.C., we can help you and your ex come to an agreement about these issues and more. Our skilled Aurora, IL child custody lawyers know what it takes to create a solid parenting plan and will help you formulate a plan that works for your family. Call our office today at 630-409-8184 to set up a consultation.

 

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Illinois divorce attorney, Illinois family lawyer,While you and your spouse were married, you probably accumulated quite the collection of assets, which can range from money in the bank to vehicles and real estate. Many couples who divorce own a home together, which can be difficult to deal with when it comes time to split your assets during the divorce. If you and your spouse purchased the house during the marriage, your house will be considered marital property. If one of you owned the home prior to tying the knot, then your home may be considered non-marital property unless you and your spouse refinanced the mortgage or put both of your names on the deed to the home. There are basically three options that you and your spouse have when it comes to dividing the value of your home: you sell the house, one of you keeps the house, or you both keep the house. Everyone’s situation is different, so what may work for other people may not work for your family. Before you make the decision, you should weigh the pros and cons of each option. You Sell the House The easiest thing to do for most couples would be to sell the house, split the proceeds, and go their separate ways. This option is obviously ideal for couples whose home has appreciated in value, but couples whose home has depreciated in value may want to look at other options. If the house has appreciated in value, capital gains may be owed on the sale of the house and both spouses will be responsible for paying half of the bill. One Spouse Keeps the House This can be a tricky option. If one spouse wants to keep the family home, that spouse will have to become the sole owner of the home. To do this, the spouse will have to refinance the house with a new mortgage. The new mortgage would take the spouse’s own creditworthiness into consideration when refinancing and your interest rate could go up if this happens. You may also need to buy your other spouse’s half of the home from them, which could become expensive. You Both Keep the House Though it may be rather unusual, some couples may agree that the best option is to keep the home as a jointly owned asset. Most of the time, this is a short-term option for couples who either do not immediately qualify for a new mortgage, do not have the funds to buy out each other’s half, or just do not want to sell the house because of the children. Consult with an Aurora, IL Property Division Attorney

Making the decision of what to do with the family home can be a tough one. Home is where you make memories and many people have a tough time letting go of that. If you are unsure of what option would be best for you and your family, a knowledgeable DuPage County property division lawyer can help. At the Law Office of Matthew M. Williams, P.C., we have extensive experience valuing and dividing all kinds of marital assets, including family homes. For more information or to inquire about a consultation, call our office today at 630-409-8184.

 

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Illinois divorce attorney, Illinois family lawyer,Even though there has been a rise in alternative forms of co-parenting after a divorce, couples typically live in two different residences after they become divorced. Most of the time, children of divorced couples travel between the two parents’ houses according to the parenting time agreed upon by the couple. Illinois recognizes that the presence of both parents in a child’s life is important, which is why more and more couples are receiving equal or nearly equal parenting time. If one spouse has more parenting time than the other spouse, then the spouse with a lesser amount of parenting time will typically be responsible for making child support payments to the other spouse.

Calculating Basic Support Obligations

The first step to calculating child support payments is finding each parent’s monthly gross income. Once the monthly gross income is figured, then the Gross to Net Income Conversion Table is used to figure out each parent’s monthly net income. Then, both parents’ monthly net incomes are added together and the corresponding value is taken from the Income Shares Schedule. The amount from the table is the basic amount of money that should be spent on the child each month for living expenses, food, clothing, and other basic needs.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,There were an estimated 27.9 small businesses in the United States in 2010. Owning a business can be a very rewarding and fulfilling experience, but it can also be scary if you get a divorce. Typically in Illinois divorces, the two spouses must split their assets according to Illinois’ equitable division guidelines. This does not necessarily mean that each spouse will get half of the marital assets, but it does mean that the judge will determine what is equitable. The only things that are subject to division are those that are considered marital property. Your business may or may not be considered marital property and figuring that out is your first step in protecting your business from your spouse. Here are a few ways you can protect your business and keep it in your control during your divorce:

Get Your Business Valued

One of the first things you will want to do is to find out how much your business is worth. This can be accomplished by using a court-appointed valuation expert who is required to be unbiased when coming up with a value to assign to your business. It is still a good idea to hire an outside valuation specialist to make sure your result is in line with the court’s result.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce brings with it a plethora of things that you must settle before you can finalize your divorce. Just one of the many things involved in a divorce is property division. When you are married, you and your spouse share almost every aspect of your lives together. Though this makes your life easier while you are together, it can make for a tough time when you get a divorce. Property division can often turn even the most peaceful of divorces into screaming matches. Here are a couple of things that you should know about Illinois property division before you settle your divorce:

Illinois Is an “Equitable Division” State

In the state of Illinois, property division is divvied up in a way that is equitable, rather than equal. This means that all factors will be looked at before determining which spouse gets which property. This also means that property division will not always be 50/50. If the judge feels that one spouse should receive more property than the other, then he can award that spouse more.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,You would not think so, but some divorces are amicable and calm, mostly because the divorce was not contested and both spouses were in agreement about issues pertaining to the divorce. Though that is the perfect idea of a divorce, we do not live in a perfect world and more often than not, there is some sort of fighting and disagreement during the divorce process. In severe cases, the divorcing couple cannot stand to be in the same room as each other, making for a very high-conflict divorce. If you are experiencing a high-conflict divorce, here are a few tips you can use to help you cope.

Create Boundaries

The first step in dealing with a high-conflict spouse and a high-conflict divorce is setting boundaries for the new relationship you will have. Whether these boundaries are with your co-parenting relationship, the communication between the two of you or any other issue, boundaries are essential. Create them and stick to them.

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Posted on in Divorce

reasonsNothing lasts forever and in this day and age, marriages are included in that saying. According to the Centers for Disease Control and Prevention (CDC), nearly 36 percent of couples experience some form of marital disruption by their tenth year of marriage. By the time couples have been married for at least 20 years, that percentage jumps to 53 percent. Though those numbers seem high, some researchers have actually said that the U.S. divorce rate is declining. So why is the rate of marital disruption so high? Here are a few of the most commonly cited reasons that couples get a divorce. Marrying at a Young Age You have heard it before -- getting married too young is not a good idea. Many studies have shown that couples who get married when they are teens or young adults tend to have a higher divorce rate than couples who get married in their late 20s or early 30s. Infidelity This one is perhaps one of the more well-known reasons for getting a divorce. Cheating on your spouse can be the kiss of death for a marriage. When one spouse cheats on another, the trust between the two of them is broken and if you are already experiencing a weak sense of trust, cheating may be the end. Addiction and/or Substance Abuse Another commonly-cited reason for divorce is one spouse’s drug or alcohol use. When you are addicted to something, it consumes your mind and life. A partner who is addicted to drugs or alcohol can destroy the family and be the last straw for some couples. Financial Problems Many couples therapists say that one of the main reasons couples seek therapy is for financial issues. Many couples also say that money problems were the reason for their divorce. When couples do not agree on the way money should be handled, arguments can become heated and divorces can result.

Have You Been Thinking About Getting a Divorce? Talk to an Aurora, IL Divorce Attorney

 There are many reasons why people choose to get a divorce, but in the state of Illinois, you do not have to state a reason on your divorce forms. If you have been thinking about getting a divorce, you should talk to a DuPage County divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we understand that making the decision to get a divorce is a big one that should not be taken lightly. Contact our office today to begin discussing your options. To set up a consultation, call us at 630-409-8184.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, life after divorce,Marriage is not easy. It takes a lot of work, effort, and persistence to make a marriage work, but sometimes it does not matter how hard you try -- you are destined to divorce. According to the National Survey of Family Growth, more than 20 percent of first marriages end in divorce within the first five years and 48 percent of marriages end before they hit 20 years. Divorce is an emotionally stressful and trying process, but sometimes it is one of the best things you can do for you and your spouse. Instead of making life as difficult as possible for both you and your soon-to-be ex, you should try focusing on making your split as healthy and smooth as possible.

Cooperate and Communicate

When you begin the divorce process, you will probably feel a flood of emotions, like anger, grief, and depression. When emotions are running this high, it is easy for you to do and say things that can negatively affect the divorce process. Remember, your emotions are valid, but how you handle them is important. Make sure you maintain an open line of communication with your spouse and remember that cooperation is key.

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Illionois defense attorney, Illinois criminal defense lawyerMost people do not spend a lot of their time in court, which can make for some trepidation when you are required to appear. When you get a divorce, no matter the route you decide to take, you will have to appear in court before a judge at least once to finalize your case. When it comes to Illinois divorce cases, dressing for success takes on a whole new meaning. While it may seem ridiculous, the way you dress can have an effect on the outcome of your divorce proceeding. Here are a couple of tips to help you determine what to wear before you attend your divorce proceeding:

Guidelines for Women

The courtroom is a very formal place where you are going to represent yourself to the judge. Because of this, you should aim to dress conservatively and professionally. Women should wear items of clothing such as:

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Illinois divorce attorney, Illinois family lawyer, Illinois collaborative divorce lawyerIt is no secret that divorce is difficult. What some people do not know is that there is more than one way you can get a divorce. From DIY divorces to mediated divorces, there is a process that fits almost everyone’s situation. One type of divorce -- a collaborative divorce -- can be beneficial to the entire family. A collaborative divorce is one in which both spouses sign an agreement stating that neither of them will go to court and will instead determine solutions to their problems through meetings with attorneys, financial advisers, child specialists, and other professionals. There are many reasons to choose a collaborative divorce over a traditional litigated divorce, but here are just a few:

  1. You can actually end up saving money with a collaborative divorce. Traditional litigated divorces can end up costing you four times as much as a collaborative divorce would cost. While you do end up hiring more people to help you complete your divorce, the trained specialists actually help you complete your divorce quicker and with less arguing. Plus, you are saving on countless hours of lawyers fees and court costs.
  2. You get to complete the divorce on your own timeline. When you are going through a collaborative divorce, you are settling your issues in multiple meetings -- not in court. You can pick and choose when you want to have the meetings and how quickly you settle on certain subjects. A collaborative divorce typically takes an average of 18 weeks to complete, which is a quarter of the time a litigated divorce takes.
  3. It can be easier on both you and your family. The goal of collaborative divorce is for the divorce process to be as efficient, positive and painless as possible. There is typically less stress during a collaborative divorce, because as the name suggests, collaborative divorce requires collaboration between spouses. Less fighting and arguing between mom and dad makes for a happier and less stressful family.
  4. You get to make your own solutions to your problems. One of the main reasons to consider getting a collaborative divorce is the ability you have to create your own destiny. Because you are settling issues outside of the courtroom, you have the ability to make your own decisions and not have a judge make them for you. You get to work with your spouse and your team of professionals to come up with solutions to your problems that are custom tailored to your family.

Get in Touch With a Trained DuPage County Collaborative Divorce Attorney

If you think that a collaborative divorce may be right for you, the first thing you need to do is to meet with an experienced Aurora, IL collaborative divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we understand that a divorce is not easy, no matter what the method of divorce is. By choosing us to help you complete your collaborative divorce, you can have peace of mind knowing we have experience with multiple collaborative divorce cases. Call our office today at 630-409-8184 to schedule a consultation.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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