Written by Admin | Feb 16, 2020 6:00:00 AM
The decision to get a divorce is not one you can make lightly. Not only is your life going to change as you know it, but if children are involved, that adds another layer of complexity to the situation. Nonetheless, sometimes a divorce is the best option, while at other times, a divorce alternative makes the most sense. Regardless, you’ve made the decision to separate from your spouse in some capacity, and now you need to see it through. Continue reading to learn the steps involved in the divorce process.Assuming you’ve attempted to save your marriage by speaking with professional therapists, clergy, and close friends, your first step should be to get your own attorney. Of course, if you’re filing for divorce because of an unsafe or unhealthy living situation, it may be prudent to skip mediation, get out of the home, and move straight into hiring an attorney. Time is of the essence when finding an attorney, especially if you have a controlling spouse, as they’ll do everything in their power to hold up the process. Additionally, it’s not uncommon for a controlling spouse to attempt to hide assets so you don’t get the settlement you deserve. That’s why you must get an attorney involved as soon as possible; otherwise, you could lose out on assets that are rightfully yours.Depending on your situation, you may or may not need what’s known as a temporary order. A temporary order could include anything from a restraining order to child support. Temporary order possibilities can vary widely state-by-state, so discuss options with your attorney. However, if the decision to divorce is mutual, you could omit temporary orders and wait until your hearings.If the dissolution of marriage was a mutual decision, serving your spouse isn’t an intimidating process. However, if your spouse doesn’t know that you want a divorce, serving the divorce papers can take a different route. In fact, if you’ve already moved out, some individuals choose to have someone else deliver the summons papers. However you decide to go about it, someone must deliver the papers and summon your spouse to court. Your attorney will help you draft the summons papers, as this document usually includes the grounds for divorce, your requested division of assets, and more. Your attorney will ensure you’re making reasonable and realistic requests and not speaking purely out of emotion.You can begin gathering documents and information as early as you know you want a divorce, and ideally, you should. However, people are often surprised by how many documents they need. First and foremost, you’ll need both parties’ basic information such as social security numbers, birth certificates, birthdays, and addresses. You’ll also need all this information for your children, if applicable. Additionally, you will need several financial documents, including but not limited to employment history, pay stubs, investment accounts, bank statements, and completed tax files. You should have a record of all debts, including credit card information, statements, loans, and mortgage. If you have a copy or can obtain a copy, you should have your mortgage application as well. That way, your attorney can best understand the terms when proposing a division of assets and debts.There are several alternatives to a dissolution of marriage, and it’s wise for couples to consider these options before moving forward. Some of these options include mediation, collaborative divorce, and separation settlements, all of which have their own advantages and disadvantages. For instance, many couples prefer to have a peaceful separation using mediation because this process saves them a tremendous amount of money in court fees. On the other hand, some couples decide to live separately but remain married legally. The main reason for this arrangement, termed a separation settlement agreement, is financial. Sometimes one of the spouses holds the insurance or is the primary source of income, and a complete dissolution of marriage would result in hardship for the other spouse. Of course, if you must proceed with a dissolution of marriage, that’s certainly an option, but it should be your last resort.Your attorney will begin to ask you questions and help you formulate your proposed settlement. They can go through your gathered documents with you and help you decide what you want to ask for. Each state has its own laws that identify what assets or debts qualify as shared or separate during the marriage. For example, if your spouse is the primary income source and chose to take on a car payment, you could ask that your spouse be solely responsible for that debt. On the other hand, if you both made the decision to max out a credit card during your marriage, you could be partially responsible for that debt. The bottom line is that you must know which debts and assets you feel should be yours. Many states will try to divide the assets and debts fairly among both parties, but it’s best to go into negotiations with goals in place.Once you make your proposal and your spouse makes theirs, you have the choice to accept, decline, or, if you feel you could reach an agreement, renegotiate. Alternatively, if the negotiations appear to go nowhere or proposals fall on deaf ears, then you’ll likely need to proceed with court hearings. Of course, some couples can’t reach a settlement without a court, and that’s understandable. We suggest exhausting all options before going to court, if possible, but we understand that settling outside of court is not always an option.The steps involved in the divorce process can vary by state, but the points mentioned here are a general guideline. Our team of lawyers knows Illinois law, but if you’re not looking to divorce in Illinois, you should consult an attorney in your state for the best results.Between extensive experience and passion, the lawyers at Schiller DuCanto & Fleck all work in the best interests of their clients. We pride ourselves on being an Illinois-based firm that values giving back to the community. Whether you’re looking for a divorce or child custody attorney or post-divorce mediation in Chicago or surrounding areas, look no further than Schiller DuCanto & Fleck.