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Three Signs You May Need Litigation for Your Illinois Divorce
Contrary to what many people think, there is more than one way to get a divorce. Traditionally, divorces have been negotiated and issues decided between the two spouses and their attorneys. Occasionally, the court system would be involved if the spouses could not come to an agreement on certain issues. In recent years, alternative forms of dispute resolution, such as mediation or collaborative law, have become popular ways of completing a divorce. While it is true that divorces are often less stressful and much less expensive if you choose one of those alternative forms of divorce, they are not for everyone. Mediation and collaboration may be preferable, but when is it necessary to skip over the niceties and head straight for litigation? Here are a few signs that indicate a litigated divorce could be your best option:
How to Protect Your Children During Your Illinois Divorce
Most parents will agree that the most important aspect of a divorce is making sure the children are okay. However, many parents worry about how a divorce will affect their children. Therefore, a lot of couples are currently in unhappy marriages in an attempt to spare their children the stress of divorce. It is important to remember that a divorce is the result of an unhealthy relationship between two spouses -- it has nothing to do with their children. While you cannot protect your children from all of the stresses and changes a divorce can cause, you can take steps to make sure your children are protected from the arguments and other negative effects that a divorce can trigger.
Take Care of Yourself
Although it may seem selfish, one of the best things you can do for your children during your divorce is to make sure you take care of yourself before you focus on them. A divorce can be traumatizing and can take its toll on you after a while. You should practice self-care by eating healthy foods, exercising, getting enough sleep, and talking to people in your support system. When you are emotionally stable, you are better able to guide your children through this major life transition.
Tips for Surviving a High-Conflict Divorce in Illinois
For some couples, the idea of a peaceful divorce is laughable. Divorce can bring out the worst in people and can cause them to do things and act in ways that are unlike themselves. In some situations, divorce can exacerbate a person’s behavior and cause him or her to become even more combative and argumentative, typically at no surprise to the soon-to-be ex-spouse. Emotions can get out of control during a divorce, making the entire process more difficult and stressful than it needs to be for everyone involved. If you know that your spouse will be combative during your divorce, there are a few things you can do to survive your high-conflict divorce:
Distance Yourself From Your Spouse
High-conflict people thrive off of arguments and getting a rise out of others. The best thing to do when you realize that your spouse is going to be antagonistic, manipulative, or argumentative during your divorce is to try to create as much distance between the two of you as possible. You should do this by minimizing contact with him or her unless you absolutely need to discuss an important matter. If you must communicate with each other, remember that it is not worth your time or effort to argue.
What Are the Requirements for a Legal Separation in Illinois?
There are many reasons why couples get divorced, but often it takes a lot of time and contemplation to get to that point. Before it is decided that divorce is the best option, couples often go through a period of uncertainty about whether or not they actually want to legally terminate their marriage or if they just want to “call it quits” for a while. During this time, some couples choose to separate themselves by living apart and also being financially independent of each other. These are the basics of an Illinois legal separation, though it is not enough to just say that you are separated. You and your spouse must take several steps before the state will view your separation as legal.
Requirements for a Legal Separation
If you are considering obtaining a legal separation in Illinois, there are a few requirements that you must meet. First, you or your spouse must have been a resident of Illinois for at least 90 days. Then you will have to file a petition with the court in the county in which either you or your spouse lives or the county in which you and your spouse last lived together. In the petition, you must be able to prove that you and your spouse live separately from each other.
What Is the Difference Between a Collaborative Divorce and Mediation?
For years, there were only two ways you could end a marriage -- by settling the divorce through the use of two different attorneys or by taking the case to court to hash out the issues before a judge. In recent years, the use of alternative dispute resolution has become a more popular form of divorce, rather than the traditional litigated route. There are two main forms of alternative dispute resolution: collaboration and mediation. Both ways of divorcing allow couples to settle divorce issues on their own terms, rather than leaving them to a judge to decide. Many people have a false notion that collaborative divorce and mediation are the same thing, but they are different, and each method has its own unique benefits.
Divorce Mediation
In a mediated divorce, the couple works with a neutral party, called a mediator, who helps them make decisions about their divorce. The mediator does not have to be an attorney, but it should be a person who is trained in mediation and knows divorce and family law. The mediator should be a completely neutral third party to the divorce, and they will not advocate for either spouse. Both spouses may still need to retain their own attorneys to help them understand their rights and legal options throughout the mediation process. An attorney can also go over the divorce settlement and identify any issues that should be addressed prior to finalizing the divorce.
Tips to Help You Move on After Your Illinois Divorce
It 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.
How Can a Prenuptial Agreement Protect My Illinois Business?
Most people have some sort of understanding as to what a prenuptial agreement is. Countless movies and television shows have depicted prenuptial agreements as documents that a wealthy person insists on being signed before the wedding to protect him or herself from a potential “gold-digging” spouse. While that is one reason to get a prenup, there has been a rise in prenuptial agreements in recent years for other reasons, especially among millennials. Prenuptial agreements can be extremely helpful in many ways, including creating protections for your business in the event you get a divorce.
Is Your Business Considered Marital Property?
In Illinois, only marital property is subject to division in the event of a divorce. Marital property includes anything that was acquired after you were married but before a divorce is settled or legal separation is declared. That being said, if you had a business before you were married, the ownership of the business will typically stay with you. This does not mean all is safe, however. If your spouse played any role in the business while you were married, he or she could be entitled to a portion of the growth in the value of the business.
Do Grandparents Have Legal Visitation Rights in Illinois?
Divorce can be a troubling time for all families, whether they are a tight-knit family or not. When a family is close to one another, going through a divorce can be even more difficult. If a divorce is especially contentious or heated, relationships between family members can break down, and children can be used as tools to hurt other relatives. Illinois agrees that all parents have an inherent right to spend time with their children; however, this is not the case for grandparents. Thankfully, there are certain non-parents -- including grandparents -- who do have the right to petition for visitation in certain circumstances.
Who Can File a Petition for Visitation?
Only certain people are permitted to file a petition for visitation in Illinois. According to Illinois law, only grandparents, great-grandparents, step-parents, or siblings can file a petition to be granted visitation time. The petition can only be filed if the parent of the child has unreasonably denied visitation, and if at least one of the following is true: