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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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Posted on in Divorce

IL divorce lawyerDivorce is commonplace in today’s society. Many families go through this legal process and some even have to sign the papers multiple times. Like the statistics say, 50% of marriages end in divorce. Though high-conflict divorce is seen on television and social media every day, divorce is not always conducted through a screaming match. Some couples divorce due to infidelity or constant arguing; however, two of the most common reasons for divorce are lack of intimacy and not being prepared for marriage. Divorce may not be pleasant for any of the parties involved, but getting a divorce does not mean you hate your spouse. Learn about the two types of divorce and the common options available to those going through the ending of a marriage.

Contested Divorce

This is the type of divorce often televised or included in movie plotlines. A contested divorce occurs when neither party can come to an agreement about the terms and details of the divorce. This includes the division of assets, allocation of debts, alimony, child support, or child custody. Those going through a contested divorce will find themselves arguing in court, in front of a judge. Because of the lack of agreement between the parties, a judge will make the decisions for the couple, by taking all aspects of their relationship, family, and financial situation into consideration. This takes away all forms of decision making from the divorcing couple and places it into the hands of the judge. Often times, couples will begin the divorce process in a contested manner but eventually come to agreement to save themselves from enduring a divorce in front of a court.

Uncontested Divorce

An uncontested divorce is one of agreement and compromise. Those going through an uncontested do not necessarily have to “get along” but they do need to be able to come to a conclusion on matters such as division of assets, allocation of debts, alimony, child support, or child custody. Though this may not be an easy task, learning to compromise can save couples from wasted time and money. Many couples going through an uncontested divorce seek divorce mediation. The purpose of divorce mediation is for the couple to decide on the terms of their divorce with the helping hand of a divorce attorney. The lawyer is not there to act as a referee between arguments, but rather to legally record the terms of the divorce while acting as a neutral negotiator between the two parties. Though mediation does not work for all couples, it is a good option for those going through an uncontested divorce. Not only does it save time and money, but it also allows for the couple to sustain an amicable relationship after the ending of their marriage.

Legal Assistance

Regardless of the type of divorce you and your spouse are involved in, an experienced divorce attorney is necessary to ensure fairness and equality in the terms of the divorce. At Shaw Family Law, P.C., we have experience with both contested and uncontested divorces. We also have mediation attorneys available to couples seeking a conversational format for their divorce process. Contact our skilled Kane County divorce attorneys at 630-584-5550 for a free consultation to discuss your options for divorce.

 

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