In most cases, you might assume that there is really no moment to decide between an amicable divorce and a contested divorce when you and your spouse are ending your marriage. If you are amicable with one another, it will be uncontested; if you are argumentative with one another, it will be contested. However, it may not be that simple if you and your spouse choose to weigh your options and compromise to decide what is best. For instance, if you are following through with a contested divorce, the divorce process can be complicated, complex, and challenging, not to mention expensive. However, amicable divorces are not always perfect either since their uncontested nature might leave major issues unaddressed that could be troublesome later on down the road, whether it involves child custody, property division, or other issues. In that sense, you and your spouse must be very thoughtful and deliberative in your decisions regarding a divorce. Below are some tips for how to approach this important decision.

3 Things to Consider When Determining the Type of Divorce in Illinois

For many people, it will be obvious as to whether an uncontested or contested divorce is the proper pathway to dissolving the marriage, but other couples might find it advantageous to discuss the two options further with each other, reaching a compromise of sorts prior to their Illinois divorce. Here is why:

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It can feel like you have gotten over a giant hurdle once you have finally made the decision to tell your spouse that you want a divorce. Now that you have made that decision, you must begin to make even more difficult decisions throughout the process. One of the first decisions you will be required to make during your Illinois divorce is whether or not your divorce will be contested or uncontested. Both types of divorces have their place, but an uncontested divorce can offer benefits that a traditional litigated divorce cannot.

What Is an Uncontested Divorce?

In the simplest terms, an uncontested divorce is any divorce that takes place between two spouses who agree on all or most issues pertaining to their divorce. During a divorce, there are various issues that need to be discussed and settled, which can include issues such as dividing and allocating your marital debt and property, determining if spousal support is needed and if so, how much and for how long. If there are children, issues such as designating parenting time, allocating decision-making responsibilities, and calculating child support must all be addressed. 

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Although it is not impossible to have an amicable divorce, that is not always the case for some couples. Depending on the circumstances, it can be difficult to push your feelings about your spouse and the end of your marriage aside so you can work together peacefully. Divorce is a stressful situation that can, unfortunately, bring out the worst in some people. Some spouses can become controlling, and they may be tempted to spy on each other through the use of electronic devices. In these contentious situations, it is important that you take the steps needed to protect your electronic devices and the information stored on them from your spouse. Below are a few practical ways you can protect your privacy from your spouse’s interference.

Change Your Passwords

You may think that password-protected information is always safe. However, this is not always true. Even if you have passwords protecting devices like your cell phone, your computer, or different financial accounts, you should still change them to prevent your spouse from gaining access. This can be especially useful if you have previously used your spouse’s devices to log in to certain accounts, because password information may have been saved. Be sure to use unique passwords for each account, and choose passwords that your spouse will not be likely to guess. By ensuring that your spouse cannot access your accounts, you can prevent them from taking actions such as dissipating marital assets by transferring money from a joint account into a personal account.

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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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Divorce is already stressful enough for the entire family. When you are dealing with a spouse who has it out for you, it can become even more difficult and it can make dealing with even the smallest issues a lengthy process. Adding children into the mix makes everything even more difficult, especially when your spouse insists on settling things in the courtroom when they could just as easily be settled outside of the courtroom. Dealing with a toxic spouse is emotionally draining, so here are a few tricks you can use to cope with your spouse during your divorce:

Make Sure You Document Everything

When it comes to toxic spouses, they will often bend the truth, change what they said previously or lie altogether. Do not allow your spouse to make you rethink events that happened in the past. You should not have to question your own memories, so making sure you document everything is key. If you communicate about something important, make sure you either record the conversation or get it in writing, that way you have hard evidence of the conversation that actually took place.

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When a marriage has reached a certain point, each spouse is at a crossroads of their own. You and your partner have the ability to decide whether to work together on improving the relationship or to admit that nothing more can be done to save the marriage. Obviously, the decision to work on reviving the marriage requires both of you to be on the same page and pulling in the same direction overall. If both of you choose to end the marriage, the divorce process can begin without delay. What happens, however, if you are ready for a divorce but your spouse wants to keep fighting for the relationship?

Be Absolutely Sure

Before you tell your spouse that you are ready for the marriage to be over, you need to be completely certain that is what you want. A divorce is a life-changing event that can lead to serious emotional reactions and psychological effect for years to come. When ending a marriage is necessary, such challenges are an accepted part of seeking new, post-divorce life, but it is not fair to you or your spouse for you to be casual about your decision. Talk to a counselor or a spiritual advisor become making your decision. Remember, if fixing your marriage does not work, divorce will always be an option, but the same is not true in reverse.

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Marriage allows many Americans to live a happy and peaceful life. Unfortunately, couples can grow apart, and ending an unhealthy relationship is often better than fruitlessly trying to make one work.  The process of divorce can be complex on both legal and emotional levels, and if your spouse is refusing to sign divorce papers, you may be wondering what your options are. In Illinois, even if your spouse refuses to sign the papers, you can still end the marriage. This article will explain how.

How to Divorce When Your Spouse Refuses to Sign the Papers

It is important to understand that no matter what the other spouse says, he or she cannot prevent a divorce from happening. If one party wants a divorce, according to Illinois law, and the other refuses, a judge may still grant the divorce.

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During a couple's engagement, the consideration and discussion of a prenuptial agreement with a potential spouse may be considered "unromantic." However, many divorcees express the wish that they had executed one, as it can be a strong tool in avoiding a contested divorce proceeding.

Yet with that said, agreeing to a prenuptial agreement may show your fiancée that you are not in it for the money, but that you are committed to the relationship and are thus protecting the romance.

Elizabeth Gilbert, author of the bestseller “Eat, Pray, Love” puts it plainly: “Marriage is not just a private love story but also a social and economic contract of the strictest order...if it weren’t, there wouldn’t be thousands of municipal, state and federal laws pertaining to our matrimonial union.”

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A contested divorce is a divorce case in which you and your spouse are unable to reach agreement terms. Your divorce will be contested if your spouse disagrees about property division, doesn’t want a divorce, or disagrees about child custody, child support, or alimony. If you and your spouse can’t reach an agreement on these major issues, you’ll need to go through the legal process for a contested divorce. If you and your spouse agree, however, you may be able to significantly reduce your costs and investment of time by opting for uncontested divorce.

In an uncontested divorce, you may be able to work with an Illinois divorce attorney who accepts a flat fee for handling your case. This gives you knowledge upfront about what to expect, whereas litigation fees and costs can spiral out of control quickly for a lengthy contested case. The flat fee for an uncontested divorce include paperwork drafting and a review. If you decide that an uncontested divorce is best for you, you will retain the majority of the decision-making power. The only role of judge in an uncontested case is to approve the paperwork detailing the terms of your agreement. Since you can frequently get these papers drafted and accepted quickly, you’ll be able to move on with your life sooner rather than later. There is no need to go through traditional litigation if you and your spouse are able to agree on the major issues in the divorce. Save time, money, and headaches by working with an Illinois divorce lawyer who specializes in uncontested divorce. There’s no need to drag out the time period for receiving your divorce decree. If you and your spouse have been able to reach an agreement on child custody, alimony, child support, and property division, you can benefit from hiring an Illinois uncontested divorce attorney today.

Many spouses will stay in a marriage even when it is clear that divorce is the best choice. However, the more one waits, the more difficult a divorce becomes. Moreover, an experienced local family law attorney may greatly simplify the divorce process.

Here is an overview of how the process works. Once a spouse decides to get a divorce, they will usually contact a divorce attorney. A good attorney will schedule an in-person meeting to discuss the circumstances of the case and define the client’s goals. During this meeting, the attorney will collect relevant information like the duration of marriage, whether there are any children, marital assets or debts.

Once the attorney gathers these initial information, they will be able to explain the steps, cost and time involved with the divorce. A good attorney will take the time to explain these steps in detail so each client is able to make an informed decision.

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There is a big difference between winning a case and enforcing a court order. This is especially true in contested divorces, which lend themselves to emotional disputes.

What remedies are available, if any, to a person who wants to ensure compliance with a court order? For example, assume that as a part of a divorce proceeding, the parties decide that the marital home will go to the husband, who either has to refinance the home within a year or two, or has to sell the home so the wife, who is relinquishing her right to the marital residence, is no longer responsible for the mortgage.

However, if the husband is unable to refinance (which is often the case), he is supposed to sell the house and pay off the mortgage. Other than the court order, however, the husband may not be in a hurry to sell the home and may purposely price it too high. This way, the husband may claim that he is still trying to sell the home, while continuing to live in it.

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