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4 Things to Know Regarding Divorce
Getting through a divorce might be easier if you are informed of the process before it starts. This post from our Chicago sole custody lawyer’s office provides 4 tips to aid in steering you through this tough time.
1. Court Isn’t All It Is Cracked Up to Be
As things aren’t going well within a divorce case, one partner might threaten to terminate negotiations and move forward with court proceedings. But, the path to a divorce trial is costly and long. The cost of a trial may deplete the assets which often are the subject of a dispute. Even simplistic matters may require several court days to complete, and upon spending thousands of dollars, partners and their lawyers are left with the uncertainty of how a judge might rule.
2. Think about Court Alternatives
Many individuals believe every divorce ends up in court. As a matter of fact, there are alternative methods of resolving divorce cases. One way includes ‘mediation’ where a mediator (neutral 3rd party uniquely trained to work on divorce cases) facilitates one-on-one negotiations between spouses and assists them in working out mutual agreements. This mediator often recommends that each partner consult with a lawyer as the mediation process is proceeding. But, these consulting lawyers do not attend these sessions.
Basics on Illinois Divorce
These rules will apply to same-sex and opposite sex couples who are civil union partners, as well as opposite-sex married couples.
Grounds for Divorce
The state of Illinois recognizes both fault and no-fault grounds for divorce. To obtain a divorce based upon no-fault grounds, otherwise referred to as ‘irreconcilable differences,’ both parties must’ve been separated for at least two years. If both parties concur in writing to the divorce, only a 6 month separation is needed.
But, if both parties do not concur to the divorce, haven’t been separated for at least two years, and cannot get the court to waive a separation requirement, one of the partners may file for a divorce based upon fault grounds. Such grounds involve a felony conviction, cruelty, desertion, bigamy, adultery, or impotency. The Illinois family law court might require the partners to go to counseling or a conciliation conference or if there are kids involved, an educational program concerning the effects of divorce on kids.