A prove-up hearing is used in divorce cases to request approval from the state of the property settlement agreement and any custodial arrangements. A “prove-up” is another word for a final hearing regarding a divorce proceeding. It is usually no more than thirty minutes and conducted in front of a judge in open court. The proceedings are considered uncontested if the parties have reach a settlement concerning all their marital assets/property/etc.
Prove-up hearings can be very different depending on the state or county which is why it is extremely helpful to have a local attorney represent you regardless of how contested the divorce is. Having a divorce attorney who is familiar with the local rules can save you a lot of headache and time and ensure your case is handled correctly. This could be crucial in the future if an issue arises. Cook County Prove Up Hearings In Cook County, Illinois, one party must always be present at the prove-up hearing to get a divorce. If the initiator of the divorce is unable to locate the other spouse, after proof of a good faith attempt and with permission of the court, the divorce can still occur. If this is the case, it will not be called an uncontested prove-up , but a default prove-up. HOW TO PREPARE FOR YOUR PROVE UP HEARING If you have an attorney to represent you in your divorce, you will be asked for personal information and financial documentation. This is needed to prepare forms and draft required documents to get divorced. Your part is fairly simple, merely gathering the requested documentation and giving it to your attorney. Examples of documents for an Illinois include your recent paycheck stubs and last year’s tax returns. If there are variations in your financial situation, you may have to provide more than the most recent. As many detailed information is required, it is a good idea to review the document to ensure accuracy prior to appearing in court. WHAT HAPPENS AT A PROVE-UP HEARING Brief Testimony from the Parties in the Divorce At a prove up, the court needs to hear brief testimony from the parties concerning the division of assets and decisions concerning any minor children of the marriage. The Judge wants to ensure the parties fully understand the repercussions of their decisions, that the parties really want to get divorced, and are entering into a fairly reasonable agreement or settlement. TESTIMONY REGARDING THE MARITAL SETTLEMENT AGREEMENT The Marital Settlement Agreement is signed before the prove-up date and lays out the specific distribution of assets/property/debts and how those assets/property/debts are to be apportioned between the parties. At a prove-up in Cook County, you will give testimony regarding the main points of your Marital Settlement Agreement in front of the judge agreement so it will can be recorded by the court reporter. Due to this, it is imperative to speak loudly and clearly so that the court reporter can accurately take down every word you are saying. At the end of your prove-up, you can order the transcript and obtain it for your records. It typically takes a month for the court reporter to finish typing the document. During the prove-up, the client will stand immediately next to their attorney and facing the judge. This helps diffuse any potential negative communication with the opposing party. In contested divorce cases, things can get pretty heated. Attorneys questioning their client typically like to use leading to make the testimony simple and straightforward. Sometimes clients only state their name and the word “yes”. EXAMPLE OF TESTIMONY at a Prove-Up Hearing: Below is an example of typical testimony you may hear at a prove-up:
After the judge asks the above questions, the other spouse will be called to testify. The Judge may have a few follow up questions at the end, and then you will be officially divorced. If you are contemplating divorce or were just served divorce papers, it is important to make smart decisions and seek advice from experienced divorce attorneys. Contact our office today to schedule a confidential consultation to get answers to your divorce questions including what happens at a divorce prove-up hearing. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-divorce-process/divorce-prove-up-hearing/
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Illinois provides protection for disabled adults through the well-defined disabled adult guardianship laws. Guardians can be appointed in Illinois when an adult is unable to fully manage their property, handle their finances and when they are unable to care for themselves on a day to day basis. Most of us do not think twice about paying our monthly bills, maintaining our cars, going to the grocery store, etc., but there are many adults who need help with these basic life decisions.
Is a Disabled Adult Guardianship Needed for a Friend or Family Member? Are you close with someone you believe may qualify or need of the protection provided by an adult guardianship? If they have special needs, or have disabilities, a legal guardianship may very well be needed. If possible, talk to the person you are concerned about. Get their input and discuss the idea of having the Court appoint a guardian appointed for them by the Court. How Do I Start the Illinois Adult Guardianship Process? Petition the Court and Serve the Alleged Disabled Person To start the process of appointing a guardian for an alleged disabled adult you will need to draft a petition. The disabled person must be adjudicated as a disabled person by a Court prior to a guardian being appointed. Many Illinois counties have the necessary forms available online. Once completing the necessary forms, the petition must be filed with the clerk. Then the alleged disabled person must be personally served with the petition and a summons. The summons lets the alleged disabled person know what is going on and notifies them of the court date. It provides them with information regarding their rights. What Type of Adult Guardianship is Needed? Before you begin, it is important to know what type of guardianship you are seeking. Questions to consider:
In Illinois there are different types of guardianships that can protect a disabled adult in Illinois, which are Plenary Guardianship, Limited Guardianship, Successor Guardianship, Testamentary Guardianship, and Temporary Guardianship. In a plenary guardianship, the guardian is going to have more power to make decisions. In a limited guardianship, the guardian will only be able to make certain decisions since the order appointing them as a guardian will be more specific as to what power they do have than that of a plenary guardianship guardian. A Temporary Guardianship is in an emergency situation. Requirement of Oath and Bond Being a guardian is a big deal and prior to being appointed you will need to swear that you are going to carry out the duties of guardian faithfully. This generally requires a surety bond. If it is determined that your mishandled the estate, you can be ordered to pay back the estate. Appointment of Guardian Ad Litem The Guardian ad litem needs to investigate the facts and make a report to the Court prior to anyone being appointed as a guardian. They meet with the Ward prior to reporting to the Judge. Who is typically involved in the Adult Guardianship process? THE PETITIONER This is the person who files a petition with the court asking for a guardian to be appointed. Many times, the Petitioner is asking to be appointed as the guardian of a loved one. THE DISABLED PERSON (THE “WARD”) This is someone who is eighteen (18) or older and is unable to manage their day to day personal life or finances because some sort of mental deterioration, physical incapacity, mental illness, developmental disability, etc. Once the disabled person is declared “disabled” by the court pursuant to the Probate Act, they are now referred to as the “Ward.” THE JUDGE The Judge has the power to grant or deny petitions for guardianships. The Judge is able to appoint someone (usually an attorney) on behalf of the disabled person to investigate the facts of the case. The Judge declares the adult to be disabled. The Judge enters orders and guardians report to the Judge. THE GUARDIAN This is who is appointed by the Judge to make the Ward’s personal and financial decisions. A guardian can be a person, an agency, or an institution. A guardian can be appointed over the ward’s estate and their “person” but there are also cases when someone is appointed as the guardian of the estate (financial issues) and someone else is appointed as guardian of the person (personal issues). The bottom line is that a guardian manages the affairs of the ward- personal or financial. THE GUARDIAN AD LITEM This is a person appointed by the Court to look out for the Ward’s best interests. They investigate the matter prior to a guardian being appointed. What happens after I am appointed as Guardian to a Disabled Adult? Being appointed as a guardian is a very big responsibility. You will be issued what are referred to as “Letters of Office.” This is an important legal document appointing you as the guardian. You must follow the law and all court orders. You must make sure that your decisions are always in the best interest of the ward. If you are the guardian of the person, you will need to give an annual report on the ward. If you are the guardian of the estate, you will initially need to file an inventory and then you will need to present an annual accounting of the estate. Remember that there are certain times when you need to get permission from the court before moving forward. Some examples include, selling the Ward’s property and real estate, placing the Ward in a facility, filing for divorce for the ward, letting the Ward get married, etc. Also remember how important it is to keep the Ward’s assets and income separate from your own, as you must be able to account for anything that is missing. The easiest way to keep things separate is to open a separate account at the bank. Make sure important financial documents are being delivered to you so that you can pay the Ward’s bills on time. Remember you have to file the Ward’s taxes. The list goes on and on. It is best to seek legal assistance before filing for guardianship to ensure that you are fully aware of your potential responsibilities going forward prior to being appointed as a guardian. Can a Guardianship be Terminated or Modified and when does it end? Yes, the Court can terminate the guardianship or modify the guardianship. The guardian can resign. The guardian can be removed. The Court can terminate their finding that the Ward is disabled and therefore terminate the entire guardianship. The Ward is able to petition for any of the above, however, the guardianship typically ends when the Ward passes away. What Can Make Guardianships More Complex?
Who Can Serve as My Guardian? Typically, family members or close friends serve as guardians, especially as guardian of the person. Banks are often appointed as the Guardian over financials, especially when the estate is large. There are times when a disabled person does not have anyone willing to serve and there are times when the people willing to serve are not qualified to do so. In those situations, the Illinois Office of State Guardian is there to help and serve as guardian. Remember that a Guardian needs to be at least eighteen (18) year old. They must be a U.S. resident. They cannot be legally disabled themselves. They must be of sound mind. They cannot have felony convictions relating to abuse. If you believe an adult guardianship may be necessary for your loved one, be sure to seek experience legal advice. Feel free to contact our office today to schedule a confidential consultation if you need input and advice disabled adult guardianship. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/parenting-time/beware-50-50-parenting-time-illinois/ 50/50 parenting time is a reality to some judges in Illinois. They begin their analysis with “let’s give each parent 50/50 time and then review the factors to determine if that should not be the case.” Although 50/50 parenting time is often requested and often granted, it is inconsistent with the current law’s emphasis on the best interests of children.
A 50/50 Parenting Time Request Shifts the Focus Away from the Best Interest of the Child Parents requesting equal 50/50 time shifts the focus from the best interest of the children to the parents.They are asking the court to determine what is in the parent’s best interest and not so much focus on what is in the best interest of the children or family. Our current law very clearly and equitably allocates parenting time while protecting the best interests of children. An equal 50/50 or “one-size-fits-all approach” to parenting time is not always practical but sometimes is the best for our clients. Anderson & Boback has successfully argued that 50/50 parenting time is simply not practical and works to show the court that it is important to focus on the specific circumstances of an individual family and not put the best interest of the children on the back burner. As experienced divorce lawyers we’ve also successfully argued that 50/50 parenting time is the best solution for a family when each parent needs an adequate amount of time to parent the child and not be seen as the visiting parent. No parent wants to simply visit their child, they want to take an active role in parenting their child. This can be accomplished with 50/50 parenting time. How 50/50 Parenting Time Works When there is 50/50 parenting time there is no home base. The children have two homes that they call their own. Parents have to understand that no matter how much you enjoy a vacation, there is always a calm when you return to your own home and your own bed. There is no place like home. Children with parents who are not together need to have the stability of one home base or if they have two, the parents have to be able to work very closely together to make each home a place of comfort and peace because trying to live between two households can be rootless and nomadic if it is not done property. No one wants their children to feel like they have no real home. For a child to thrive, they can’t feel like they are living in limbo. All parents want to raise their children to be productive members of society and emotionally healthy adults, so it is a must to consider a strong foundation. A strong foundation means one main home in some circumstances and dividing time equally between two homes in others. Illinois Law Proposed Making 50/50 Parenting Time as the Starting Point There have been changes to the Illinois Marriage and Dissolution of Marriage Act proposed to institute this 50/50 parenting time as a starting point. This has the potential to have a far-reaching impact by creating a rebuttable presumption that it is in the child’s best interests to award equal time to each parent in every case. This is not yet the law but some judges are of the mindset that 50/50 is where you begin the analysis. Consult with your family law attorney if you are in a situation where the time your children spend with you is a factor in your case. It will be critical that your lawyer craft specific arguments regarding the factual circumstances of your family to either: fit 50/50 parenting time into the law as it currently exists, or keep a ruling of 50/50 parenting time from happening. You and your children’s future may depend on it. Contact our office today to schedule a confidential consultation about your family law matter or for guidance on Illinois’ law regarding 50/50 parenting time. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/parenting-time/beware-50-50-parenting-time-illinois/ Before you file for divorce there are a number of considerations to keep in mind. Once you file for divorce in Illinois, there are many changes that occur once parties. It can be difficult to determine whether or not you want to file when you want to file, and how it will impact you and your family. This article is designed to give you an idea of what to expect, and things to consider when determining whether or not to file for divorce in Illinois.
What to Expect When You File For Divorce 1. You will spend time away from your children, including during the holidays. This is a tough one. A lot of people will “hold off” on divorcing until their children are grown and out of the house because the thought of not spending time with their children every day and every holiday is unfathomable to them. However, it is important to consider whether or not you are setting a healthy example for them of what a healthy relationship looks like. They know if you are happy or unhappy and the example you set is what you learn. In that respect, getting them out of a less than desirable situation in exchange for only spending Christmas Day with them (instead of Christmas Eve and Christmas Day) every year might be worth it, for their own personal growth. Additionally, time away from the children when they are with their other parent allows for personal growth, therapy, working out, hobbies, working, cleaning, etc. There is a positive to this negative, as long as you mentally prepare yourself. 2. You will have more bills to pay and less income with which to pay it. If both parties work, having more bills to pay with less income is particularly true. Running one household on two incomes is very different than running two households on two incomes. Cutting back on your expenses almost always has to happen when you file for divorce. Things To Consider Before You File for Divorce 3. Consider if you want to serve your spouse divorce papers and how. You do not have to serve your spouse with divorce papers to start the process. Many divorces start amicably with both parties discussing settlement, or an attorney mailing a proposal to one of the parties and advising them to respond within a certain amount of time to avoid service. People who get along decently may be able to get away from service altogether, as serving someone a lot of times has a stigma to it. 4. You may second guess your decision. It is very normal to wonder if you are doing the right thing, as is the case with any breakup, especially a marriage. You will mourn the loss of the relationship. This is all normal. Make sure you have a strong support network, including a therapist if needed. There is no shame in talking to someone about your feelings. In the event that you want to put the case “on hold” for six months after filing, there are ways to do that, too. The divorce is not final until a Judgment is entered. 5. Illinois is a “No-fault” State. This means the Illinois courts do not consider the parties’ conduct or wrongdoing when dividing assets. Many people are surprised by this and think that if someone was a bad husband, bad mother, abusive, etc., that they will be entitled to less money or property. That is not the law in Illinois. (However, see other blogs regarding dissipation laws in Illinois). 6. You will need some money available to you to hire an attorney even if you were not the breadwinner. People who were stay-at-home parents often find themselves without access to funds and they will ask if they can hire a lawyer for $0 and ask for fees from their spouse. Most attorneys will respond that you may not. You should ensure that you have a credit card to put a retainer on, or cash saved in order to retain an attorney. Fees can be requested, but most attorneys will require an initial retainer in order to do so. 7. You may go for a period of time without financial support, so prepare accordingly. Some people cut off the other spouse financially, completely, once the divorce is filed. That can be devastating and leave people without money to survive. I advise clients who are thinking of filing for divorce to take out a credit card in their own name, save cash here and there, buy gift cards for Walmart or Target, for gasoline, for groceries, etc., for nominal amounts to save for a rainy day, just in case they find themselves in a situation where they do not have access to money for a period of time. Once a case is filed, the other party has to be served and then has 30 days from the date of service to file their appearance. So, there can be a period of time where everything is “on hold” and no support is granted to you. Plan accordingly. 8. If you are in a situation with domestic violence, plan out everything and utilize all resources available to you in your community. In a domestic violence situation and you want to divorce, there are many things to consider:
If you’re ready to speak with an experienced Chicago divorce lawyer contact Anderson & Boback. Taking that first step to speak with an attorney about your situation can help you determine whether you’re ready to go through with divorce. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/what-happens-children-of-incarcerated-parents/ Today the number of children of incarcerated parents is staggering. It is estimated that over 5 million children in the U.S. have had parents who are or were incarcerated at some time during their childhood. In Cook County studies have shown that up to 10% of children in the city have parents who are or were incarcerated at some point in their childhood. Having a parent who is in jail or prison can affect a child in many different ways. Lurie Children’s Hospital published an article in July 2018 discussing the health implications of children having parents who are incarcerated. Many studies have been published on the impact an incarcerated parent can have on children’s school performance and a child’s emotional and behavioral health.
Protecting a Child’s Rights When a Parent is Incarcerated In this post, we are going to look at how the child’s rights are still protected if they have a parent who is in incarcerated. Several scenarios can play out when a parent of a child is put in prison. The first issue that children deal with is who is going to care for the child? If the parent who is incarcerated is not the primary custodial parent, then the issue becomes whether the parent in prison will be able to see the child while in prison. However, if the incarcerated parent is the primary custodial parent, then the first issue needs to be who will care for the child. When the Custodial Parent is Incarcerated If there is another parent involved, many times this parent will assume the primary parental role. However, the Court may need to alter an already existing allocation judgment or may need to make a determination regarding paternity to make this change official. If the child does not have another parent able to take care of the child, then the child may be placed with a relative or another guardian. Determining the Best Interest of the Child Any decision on parenting time or “custody” in Illinois is based on the best interest of the child. Depending on the situation, the Court can appoint someone to help the Court make that determination. There are three types of appointments: Guardian Ad Litem; Child Representative; and Attorney for the child. Appointment of a Guardian Ad Litem A guardian ad litem or “GAL” investigates the facts if the case interviews the children, and the parents or other parties seeking parenting time. The GAL may testify in Court or submit a written report with recommendations for what is in the best interest of the child. The GAL’s duties are set out in 750 ILCS 5/506. Appointment of a Child RepresentativeA child representative is an attorney for the child who advocates for the best interest of the child. The child representative is required to meet with the child and the parties and to investigate the facts of the case. Unlike a Guardian Ad Litem, the child representative cannot be called to testify at Court. The child representative’s duties are set out in 750 ILCS 5/506. Appointment of an Attorney for the Child An attorney for the child is exactly what it sounds like, they are the attorney for the children and advocate for what the children want, not necessarily what is in the child’s best interest. Parenting Time and Children Visiting an Incarcerated Parent Once the Court determines who the child should stay with, the Court also looks at whether it is in the child’s best interest to be able to visit the parent in prison. Sometimes due to logistics, this is not possible. Many parents are incarcerated over 100 miles away from where their families are. This can be extremely disruptive for children. However, not seeing a parent on a regular basis can be equally disruptive. Many times, the Court will rely on one of the above-mentioned representatives to help it determine whether scheduled parenting time at prison is in the child’s best interest. Child Support and the Incarcerated Parent Another issue when a parent is incarcerated is child support. According to the Attorney General of Illinois, just because a parent is incarcerated does not mean that they are relieved of their support obligation. The support obligation continues to accrue and once the parent is out of prison, the parent will have to begin paying the back amount plus interest accrued and back pay. There are aid programs available that help children whose parents are incarcerated. Reunification Therapy After Parent is Released from Jail Once the parent is released from prison, other issues can arise, especially if the child did not get to see the parent frequently while incarcerated. A great option for the family during this time is reunification therapy. The reunification therapist goal is to help the parties gain trust in each other, work through the difficult time of separation, and ultimately help the parent and children reunite. Organizations Helping Children of Incarcerated Interestingly, there has been much research and many non-for-profits are focused on helping children of incarcerated parents and parents who are incarcerated. Below are a few of those organizations.
How You Can Help Remember, this time of year is especially difficult for families who are separated due to a parent being in prison. These young children have no fault in their parents' crimes but are paying a great price for it. If you are lucky enough to have a family and a little extra this Holiday Season, please look at participating in Angel Tree or another charity that helps provide gifts to children of the incarcerated. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/what-happens-children-of-incarcerated-parents/ 4 Questions to Think About When Deciding Whether To Go Through With Divorce 1. Is it the right time to get a Divorce? Let’s face it, it’s never a good time to get divorced. Divorce often comes after a couple has “tried everything else” and can be looked at as a last resort. It is definitely the low point of a relationship and no fun to go through. It comes with a lot of emotions and is certainly a stressful time. Divorce usually comes at a point when a couple finally decides it’s time face the inevitable. Often we see clients try to justify holding off or prolonging the litigation because they are not ready to go through the stress. Clients often think it may be better “if I wait until after the holidays” or “if I wait until the children are out of school.” The reality of the matter is that there is no perfect time to go through the divorce process. Divorce should be looked at as an avenue for a brighter future or an opportunity to live out the rest of your life with more freedom. I like to think about divorce in terms of a sunset. It is inevitable that the sun will set and that it will be dark for some time. That being said, the sun will come back up again shining brighter and longer than the day before. There is never a good time to go through a tough time, but hiring an attorney can help take some of the stress and burden off of you and help you avoid some big mistakes that often occur in a divorce. 2. Am I hiring the right divorce attorney for me? Hiring the right attorney for you is very important. It can set the tone of your divorce and affect the litigation. I highly suggest meeting with an attorney prior to hiring them to get a feel for the way they like to manage their cases, their communication style, and their personality. You don’t have to be best friends but it is important to like and respect each other enough so you can hopefully remain on the same page through your case and feel you are truly being heard. Make sure you ask the right questions during your initial consultation such as the attorney’s experience, how they prefer to communicate (email, in person, by phone) and why they think you should hire them. During that meeting is the time to get all of your questions answered big or small to set yourself up for a good relationship with your future attorney. 3. What is life going to be life after divorce? The truth is it’s going to be different. One of the hardest parts of divorce is just accepting that simple fact. This does not mean it will be worse. More often than not, things are usually better. If you are living with someone in a close intimate environment and you are not getting along, getting a divorce and giving each other that physical space will usually help your relationship. I am fairly confident in saying that separating from a person that you are not connecting with or seeing eye-to-eye on issues will be a good thing. Divorce should be looked at as a new beginning. It is truly a fresh start. How often do you get that in life? It is a difficult process but through it, you will learn and grow as a person. You hopefully will have more freedom to make future decisions more towards what you want out of life. 4. What will happen to our children if we divorce? This is likely the most problematic issue within divorce law. It creates highly controversial and emotional issues during a divorce. Decisions involving your children are often the most difficult to make for a parent facing a divorce. It is never easy to make decisions regarding a child when you know you’re divorcing the other parent for very good reasons. Things go smoothest when the couple truly focuses on the child’s best interest and truly makes decisions that will favor the child no matter the issue faced with. There are so many emotions involved and factors to take into consideration, it can be a lot to handle at the time, but hiring an experienced attorney who has been around the block can really guide you in the right direction for your family. Attorneys can make recommendations and suggestions of things that have worked for clients in the past in similar situations. Also, family therapists are a wonder in fostering communication between parents and children through the entire divorce process. There is never a good time to go through a rough time. Divorce should be viewed as a new beginning or as the light at the end of a dark tunnel. Do not be afraid of it. My advice is to accept it and hire a good attorney who will be there for you every step of the way and will help you move in the right direction. If you’re ready to speak with an experienced Chicago divorce lawyer contact Anderson & Boback. Taking that first step to speak with an attorney about your situation can help you determine whether you’re ready to go through with divorce. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/are-you-ready-to-file-for-divorce/
Worried about going through an ugly divorce? If you are going through the divorce or are thinking about filing for divorce you may be worried about what the outcome will be. Remember that for the most part you are in control of how the divorce process goes. So, if you have not filed for divorce yet, think about the big picture and focus on your main goal. If you are already involved in dissolution process, maybe let this all sink in and re-evaluate your strategy, if need be. Is the Marriage Over? For whatever reason, you no longer want to be married or your spouse no longer wants to be married. In some cases, the marriage can still be saved. Many people get a therapist when having marital trouble. Some couples even go to marriage therapy together. Sometimes people just need some time apart. Some people divorce and remarry later in life. Every relationship has a unique story. What we are talking about here is when the marriage is OVER. Spouses Do Not Need to Agree to a Divorce Spouses do not need to agree that they want a divorce, which sometimes sparks an ugly divorce. If your spouse files for divorce, you cannot just decide to ignore what is happening and making it “ugly” won’t help. If you do, the Court could end up finding you in “default” and then your spouse will likely get whatever they requested in the divorce petition they filed. In the Divorce Process? Time To Set Your Goals Once you start to accept the fact that the marriage is over start thinking about what your main goals are. Yes, of course, you cannot simply flip a switch and be okay with what is happening in your but the quicker you can control your emotions the quicker you can get in control of the divorce. Find a good therapist to get you through this trying time and figure out what is most important to you. How you react now will impact you later. HOW DO YOU WANT THE NEXT CHAPTER OF YOUR LIFE TO START? WHAT IS THE BEST WAY TO RESOLVE YOUR DIVORCE TO MAKE SURE YOUR NEXT CHAPTER STARTS OFF ON THE RIGHT FOOT?What should be a goal? MONEY and saving it! Money is something most people would agree is a big goal in a divorce. Whether your assets are big or small, it is likely that you want them to continue to grow in value. Conserving assets during the dissolution process should be high on everyone’s list because the more you have at the end of the divorce process the more financial stability you will have moving forward when the Divorce Judgment is entered. How Do You Conserve Your Assets While Going through a Divorce? The more you and your spouse can agree to the more you can conserve your assets. Have you and your spouse discussed mediation? That can often be a cost-effective way to work towards a resolution and to move on with you lives. Try not to let communication issues stop you from trying to work something out with your spouse. Utilize a mediator, a divorce coach, or your attorneys. The sooner you can start talking settlement with your spouse the better. Remember that the court is there is decide legal issues only. The court does not really care about what caused the breakdown in the marriage. Illinois is a “no-fault” divorce state so it just doesn’t matter what you or your spouse did or did not do in the marriage. If you want a divorce, you can get a divorce. Discuss strategies with your attorney to keep your divorce moving towards your goals. Cooperate in the process. If documents are requested from you, provide them. During Divorce Time Is Money Remember that time is money. The less time your divorce takes the more money you will likely save in the long run. Don’t let yesterday and today’s emotions negatively impact your life tomorrow. If you are wondering if the time is right to proceed with a divorce or your spouse has already made that decision for you it’s important to seek sound legal advice. Feel free to contact Nichol Broshous and the experienced divorce attorneys at Anderson and Boback for more information on the divorce process. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/tips-to-avoid-ugly-divorce/ |
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