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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Geneva collaborative divorce attorney

What is the first thing that comes to your mind when you think of divorce? You probably think of a couple who is frustrated, upset, or hostile toward each other, in and out of courtrooms, and fighting over every single little issue. While it is true that some partners can be very stubborn and combative, many spouses are not that adversarial with one another. In fact, the majority of divorces only require one courtroom visit, which is to have a judge finalize and sign your divorce decree. Depending on your relationship with your soon-to-be ex-spouse, you may be able to benefit from the collaborative divorce process.

What Is a Collaborative Divorce?

In a traditional litigated divorce, each spouse retains his or her own attorney who is present to advocate for his or her best interests. First, the lawyers attempt to conduct negotiations privately, but if there is too much disagreement between the spouses, then the proceedings are taken to court, where a judge determines the outcomes of the matters that need to be resolved, including the division of property and child-related issues such as parenting time.

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Geneva order of protection attorney

Divorce can be an extremely stressful life event. In fact, it is widely known that divorce or separation is the second most painful transition for a person to experience, only behind the death of a loved one. Even if you and your spouse are on the same page about the split, it still involves quite a bit of emotional and legal stress, which can manifest in different ways. In many cases, however, divorce is not completely mutual, and one spouse can be very opposed to the divorce. In these situations, things can elevate to the point that a person feels that he or she or his or her children are in danger based on the other spouse’s actions. When this happens, it may be appropriate to file an order of protection to feel safe.

What Is an Order of Protection?

An order of protection is a legal document that can help you and your family if you are experiencing abuse or threats of violence from a family or household member. According to the Illinois Domestic Violence Act, a family or household member can include:

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b2ap3_thumbnail_Aurora-divorce-lawyer.jpg-min.jpgGetting a divorce involves dividing up almost everything you and your spouse own together, and the family home is no exception. For many couples, dealing with the family home is a point of contention, because it is often one of the most valuable marital assets to be divided. When you and your ex-spouse must figure out what to do with your home, there are typically three solutions that you could pursue: sell the home and split the profits, continue co-owning the home together, or have one spouse keep the home. There are many situations in which one spouse will want to continue living in the family home, especially if there are children involved. If you have come to the conclusion that you want to keep your home, you must then figure out how that can be accomplished. The following are a few steps you should take if you want to keep your house after your divorce in Illinois:

Figure Out What the Home Is Worth

Before you decide on anything, you have to figure out the value of your home and how much you will need to perform a buyout. First, you and your spouse should come up with a figure that you both can agree on as far as how much the house is worth. If you and your spouse cannot agree on a figure, you should hire a property appraiser to determine the home’s value.

Next, you will have to determine each spouse’s share of equity in the home. To do this, you would take the home’s value and subtract how much is still owed on the home. The resulting figure is the amount of equity you have in the home. Then, you will have to decide how much of that equity each spouse owns. In Illinois, property is divided in an equitable manner, meaning you do not necessarily each has a 50/50 share in the equity of the home, but your share should be fair.

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St. Charles divorce lawyerIt is said that breaking up is hard to do, and it can be even more difficult if you were married and decide to get a divorce. Whether you were married for three years or 30 years, or whether your divorce was amicable or contentious, the emotional pain can still be difficult to process. Feelings of anger, resentment, despair, anxiety, or even rage can be prevalent for some time after the divorce. The question you must ask yourself after a divorce is, “Where do I go from here?” The best thing you can do after a divorce is to begin to focus on yourself and move on with your life. The following are a few practical steps you can take to start a new chapter and stop living in the past:

Work Through Your Feelings

Before you can begin the healing process, you have to work through the feelings that you are undoubtedly experiencing. These emotions may include sadness, bitterness, hate, or even hopelessness. Despite these feelings, you are also probably feeling grief because of the loss of the relationship. This is completely normal, but the only way to get through these feelings is to allow yourself to experience them and grieve the loss of your marriage.

Rediscover Yourself

Although it sounds cliched, it is true that many people feel a loss of self after their divorce. When you have been in a committed relationship for so long, it can be hard to see yourself as anything but that person in the marriage. The time after the divorce is a good opportunity to figure out who you are. Decide what makes you happy, discover a new hobby, and love the person you are now.

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DuPage County, IL spousal support attorneyA divorce is never an easy decision, and for many, it can turn their entire lives upside down. Years ago, spousal maintenance (then known as alimony) was a rather common thing that was typically awarded to women who were getting divorced. Now, with more women in the workforce, the number of women receiving spousal maintenance has dropped, while the number of men receiving spousal maintenance has slightly increased. Spousal maintenance is still a rather common issue during Illinois divorces that must be decided before the divorce can be finalized.

Calculating the Amount for Maintenance Payments

If the judge determines that a maintenance award is, in fact, appropriate, he or she will use the maintenance guidelines to determine the amount of spousal maintenance to be paid. The Illinois maintenance guidelines apply to any couple whose combined annual income is less than $500,000 and when the payor does not have any other obligations to pay child support and/or spousal maintenance from a previous marriage.

The amount of maintenance to be paid is determined by taking a portion of the payor’s income and subtracting a portion of the receiver’s income from it. The formula for calculating the maintenance amount is as follows: 33.3% of payor’s income minus 25% of the receiver’s income equals the yearly spousal maintenance amount. To determine the monthly amount for maintenance payments, you would simply take the amount for yearly maintenance payments and divide it by 12.

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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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