b2ap3_thumbnail_lawyer.jpgThere are two main categories of divorce in Illinois, contested and uncontested. A contested divorce is one in which a couple cannot reach an agreement about the terms of their divorce. Because they cannot reach a settlement about property division, child custody, spousal support, or other issues, the court must make a determination on their behalf. An uncontested divorce is one in which the spouses are able to reach an agreement about the relevant divorce issues without court intervention. Unlike spouses in a contested divorce, spouses in an uncontested divorce do not need legal representation during a divorce trial. However, a lawyer is still a valuable source of legal guidance, support, and assistance during an uncontested divorce.

Helping You Resolve Disputes That Arise During the Divorce

Many divorcing spouses still care about each other. They no longer wish to be married, but they still want the best for their soon-to-be ex-spouse and do not want to cause unnecessary stress or hostility for either party. Unfortunately, things rarely go as planned when it comes to divorce. You may think that you and your spouse have agreed on the terms of the divorce until you run into a disagreement. A divorce lawyer can identify all of the divorce issues that need to be settled upon and help you and your spouse reach an agreement about these issues. If a disagreement about child support, parenting time, the division of marital property and debt, or another issue does arise during the divorce process, your lawyer can help you negotiate possible solutions.

Avoiding Legal Issues After the Divorce

Your lawyer can also help you take steps to avoid legal disputes in the future. This is an especially important step in marriages involving children, significant marital property or debt, or spousal maintenance. For example, have you considered what will happen if one of the spouses moves away and wants to take the children with him or her? What happens if the spouse who promised to pay off the marital credit card debt falls behind on payments and the credit card company goes after the other spouse? Your lawyer can help you take steps to avoid future conflicts. He or she can help you determine in advance how any post-divorce modifications or concerns should be handled and formalize your decisions in the divorce decree.

Correctly Documenting Your Settlement

Most courts provide fill-in-the-blank forms that divorcing spouses can use to document their agreements about divorce issues. However, these forms typically only include the “bare bones” issues and do not go into detail about divorce concerns. Your lawyer can ensure that your settlement is documented fully and accurately. Your lawyer can also help ensure that the divorce settlement is not flawed or unreasonably one-sided.

Contact a St. Charles Divorce Lawyer

If you are thinking about divorce and are unsure of where to start, contact Shaw Family Law, P.C. for a free consultation. We can identify the legal issues you will likely encounter during your divorce and advise you as to the best course of action moving forward. Call us at 630-584-5550 today and set up your free consultation with one of our experienced Kane County divorce attorneys.

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IL divorce lawyerIf you are a parent who has decided to end your marriage, announcing the divorce to your children may be the most dreaded part of the entire ordeal. You may be worried about how your children will react to the news or afraid that you will not have the answers to their many questions. You may also be concerned that your children will think that the split is somehow their fault. Unfortunately, there is no avoiding this important discussion. On the bright side, a tremendous amount of research has been conducted about how to help children cope with divorce. There are several things experts say you can do to make the divorce announcement go as smoothly as possible.

Include Both Parents in the Conversation

Understandably, you and your spouse may not be on the best terms right now. However, psychologists and other experts suggest telling the children about divorce together, if possible. When one parent announces the divorce in the other parent’s absence it can sometimes make the children feel as if they have to choose sides. Having the conversation as a whole family can help your children feel more secure. Explain that even though you and your spouse will no longer be living together, you will still love and care for the children just the same.

Avoid Oversharing Details About the Reasons for the Split

Children are naturally inquisitive. While it is important to remind children that their actions did not cause the divorce, be careful not to divulge too much information about why you have decided to split up. Talking about the reasons for the divorce can quickly lead to blame and accusations between the adults. Even if the divorce was largely caused by one spouse’s infidelity or other harmful behavior, telling the children too much adult information will only burden them.

Remind Children That Their Feelings Are Normal

Children can have a wide variety of reactions to the news of divorce. Some will pretend that everything is fine and act like they did not even hear what you said. Others will break down and cry or become angry and non-communicative. Some children, especially those who have been exposed to numerous parental arguments, may even feel a sense of relief. Remind your children that their feelings are valid. Answer their questions to the best of your ability and remind them that you are available if they want to talk or ask other questions in the future.

Contact a Kane County Divorce Lawyer

The practiced St. Charles family law attorneys at Shaw Family Law know just how difficult divorce with children can be. We are here to help you with all aspects of your divorce including child custody matters, child support, property division, and more. Call our office at 630-584-5550 and schedule a confidential consultation to discuss your needs today.

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IL divorce lawyerIf you are a parent who is considering divorce, you may have concerns about how financial issues and child custody concerns will be handled between the initial split and the conclusion of the divorce. Divorce cases, especially high asset divorces and those involving a high degree of conflict, can take several months or several years to resolve. You may be asking yourself, “How will I make ends meet without my spouse’s income during the divorce process?” or “How will parenting time and parental responsibilities be divided before the divorce is finalized?” One way to answer these questions is to petition the court for temporary relief orders.

Temporary Arrangements for Child Custody, Child Support, and Spousal Maintenance

A petition for temporary relief asks the court to issue temporary court orders regarding certain financial and child-related issues. You can ask for a temporary relief order at any time throughout the divorce process. The temporary relief may address issues related to:

  • Possession of the marital residence
  • Spousal maintenance (alimony)
  • The sale of marital property
  • Health insurance
  • Child custody
  • Child support

The directions contained in temporary orders only last until the divorce is finalized. These orders may be modified if a spouse experiences a “significant change in circumstances” that necessitates the modification. Temporary orders for child support and spousal maintenance have no impact on the final orders. It is very possible that the amount of child support or spousal maintenance awarded in the final judgment will differ from what was awarded in the temporary order. On the other hand, temporary child custody orders can influence the final decisions about the allocation of parental responsibilities and parenting time. This is because the court makes child custody decisions based on the best interests of the child. It is generally assumed that dramatically changing a child’s living situation only adds to his or her stress during divorce. Consequently, courts are inclined to consider the child’s living arrangements during the divorce when deciding post-divorce custody issues.

Determining the Amount of Temporary Support to Be Awarded

Temporary orders for spousal maintenance and child support can provide a spouse with financial relief before any final decisions about maintenance and support are settled. When determining the amount of temporary relief that a spouse receives, the court will consider the incomes, assets, and needs of each party as well as the needs of the children. The court will review the spouses’ financial affidavits and parenting time arrangement and evaluate financial documents such as pay stubs, tax returns, and bank statements to determine fair and reasonable temporary support arrangements.

Contact a Kane County Divorce Lawyer

If you would like to learn more about temporary relief during your divorce or you have other divorce-related concerns, contact Shaw Family Law, P.C. Call our office at 630-584-5550 and schedule a free consultation with one of our skilled St. Charles divorce attorneys today.

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IL divorce lawyerDomestic violence affects millions of men and women across the country and throughout Illinois. Leaving an abusive partner takes a great deal of courage, but many former victims feel that leaving their abuser was the best decision they ever made. If you are planning to leave your abusive spouse, you may feel uncertain and afraid. You may not know what your rights are under Illinois law or how you can protect yourself during the divorce process. Read on to learn about some of the steps you can take to protect yourself, your children, your property, and your future when divorcing someone who has abused you.

Protecting Yourself and Your Loved Ones From Further Abuse

Abusers often use physical violence and psychological manipulation to keep their victims under their control. When an abusive person learns that his or her spouse plans to file for divorce, his or her threatening and abusive behavior may escalate in an effort to maintain this control. An Emergency Order of Protection (EOP) is like a restraining order. It prohibits the abuser from coming within a certain distance from you, your children, your pets, your home, or your workplace. It can even force the abuser to move out of your shared home and require him or her to surrender any firearms. If the abuser violates any terms of the protection order, you can call the police and have him or her arrested. You can obtain an EOP based on your testimony alone and without your abuser’s knowledge. Getting a protection order is a crucial step in protecting yourself from further abuse and establishing an official record of your spouse’s abusive behavior.

Protecting Your Financial Future

If you have been the victim of mental, physical, sexual, or emotional abuse, it is very likely that you have also been a victim of financial abuse. One of the best steps you can take when preparing to divorce is to gather copies of important financial documents such as bank statements and tax returns. Take inventory of your valuable possessions or those that are important for personal or sentimental reasons as well. Recording information about your property will help ensure that your spouse cannot hide or destroy assets. It also is an important first step in preventing your spouse from lying about finances during divorce in an effort to sway the divorce settlement in his or her favor.

Contact a St. Charles Divorce Lawyer

Hiring an experienced attorney is highly recommended for anyone who has been a victim of abuse. Your attorney can help ensure that your rights are fully protected throughout the divorce process and that you receive the fair divorce settlement you deserve. At Shaw Family Law, we help victims with everything from protection orders to settlement negotiations to child custody concerns. Schedule a confidential consultation with a skilled Kane County divorce attorney today by calling 630-584-5550.

 

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IL divorce lawyerFor many divorcing individuals, their divorce case is the first time they are involved in an extensive legal proceeding. If you are getting divorced, you may have numerous questions about what you should expect. During the “discovery” step of the divorce process, the spouses’ attorneys gather information and documentation from the spouses. This information is used when negotiating divorce issues such as property division, spousal maintenance, and child custody. If your divorce case goes to trial, the information gathered during discovery becomes valuable evidence that will be used to argue your case during litigation. Depositions are one way that information is gathered during discovery.

What Happens During a Deposition?

A deposition is a formal question and answers session that takes place outside of the courtroom. The individuals present at a deposition typically include the spouses, their respective attorneys, and other professionals relevant to the case such as a Guardian Ad Litem. If you attend a divorce deposition, you will be placed under oath and then asked a series of questions aimed at gathering information about the facts of your divorce case. A court reporter will record all of the questions and answers. It is important to answer the questions carefully and truthfully. Anything you say during a deposition may be later used against you.

Tips to Keep in Mind During Your Deposition

It is essential that you are well-prepared for your deposition. The fewer surprises you encounter, the better. Your lawyer can help you understand what to expect and help you practice answering the questions you will likely be asked during the deposition. When you are asked a question, take your time and answer it thoughtfully. Do not volunteer additional information or offer answers that are mere speculation. Your own lawyer may also ask you questions during the deposition that are designed to help you share information that is beneficial to your case. It is important to remain calm and professional during a deposition. Your spouse and his or her lawyer may say things that make you upset. However, keeping your cool is the best way to ensure that you do not say something that damages your case.

Contact a St. Charles, Illinois Divorce Lawyer

The experienced Kane County divorce attorneys at Shaw Family Law, P.C. understand that a contentious divorce can be extremely overwhelming and stressful. That is why we are committed to offering dependable legal guidance throughout the divorce process. To learn more about how our attorneys can help you, call our office at 630-584-5550. Schedule a free, confidential initial consultation today.

 

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