Hoffman Estates uncontested divorce lawyer

When people hear the word divorce, they might automatically think a couple is fighting to the bitter end with a lot of drama and chaos. Although that can be the case, it is possible for some couples to end their marriage amicably and without conflict. This can be especially important when children are involved, since they may have a difficult time understanding why their family unit as they know it is over. Regardless, there are still many decisions to make in an Illinois divorce. In an uncontested divorce, couples do not have to go to court to resolve these issues.  

Retains a Level of Control and Privacy

As is the case in most other states, an uncontested divorce in Illinois means a dissolution arrangement in which both spouses agree to divorce without objections. Both spouses generally accept the major terms, and there is no need to hash out the details in court and have a judge make the determinations in a public forum. A few of the main terms that need to be negotiated by couples before a divorce is finalized include:

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Arlington Heights divorce attorney spousal support

When going through a divorce, a couple may think once they sign the final paperwork, everything is set in stone. However, that may not necessarily be the case. Situations and circumstances can change down the road, which can mean an existing divorce order is not appropriate anymore. In Illinois, the usual type of orders are outlined in a parenting plan, and they cover issues such as spousal maintenance, allocation of parental responsibilities (child custody), child support, and parenting time (visitation). The COVID-19 pandemic has affected many people, with some experiencing reduced work hours or a job loss. These circumstances may warrant a change to an existing divorce order.   

A Substantial Change in Circumstances 

To increase the chances that a current order can be changed, an individual must show valid reasons for it. If a couple has children, any request that is made should also be in the best interest of the kids. For a change in parental decision-making, a parent has to wait at least two years from the original order, with the only exception being if the child is in danger.

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Rolling Meadows divorce attorney asset division

Although many people find love in their lifetimes, not all couples live happily ever after. The most recent census data and statistics show that approximately 40 percent of all U.S. marriages end in divorce. Whether you were married for a few months or a few decades, you may still have the same issues to determine. One of the most important aspects of any divorce is determining who gets what once the papers are signed. In some cases, spouses may agree to divide their assets on their own. In other scenarios, a couple cannot reach a mutual decision and therefore the court gets involved, with a judge making a determination based on the equitable distribution method, which means marital property is split fairly but not necessarily in half. Once the divorce decree or settlement is finalized and you and your spouse part ways, it may be necessary to update important financial and healthcare documents.      

Preparing for Single Status Again

The thought of being single again after marriage can be frightening and exhilarating all at the same time. Naturally, you might be so focused on the emotional part of your relationship ending, that you do not even think about all the documents or paperwork that goes along with the dissolution of your marriage from a legal standpoint. One of the first things that need updating to reflect your new marital status is your last name. This would only apply if you are a female who wishes to start using your maiden name again. The court can include this name change as part of the divorce decree. If it is not included, you will need a certified copy of your divorce judgment from the circuit clerk to change your name. 

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Barrington divorce attorney parenting plan

The reasons for divorce vary, from infidelity to lack of common interests to substance abuse and domestic violence. Regardless of why a couple decides to part ways, if they have children, the spouses will be somewhat connected for years to come whether they like it or not. Co-parenting can have its challenges, especially during these trying times. “Birdnesting” or “nesting” in a divorce or separation occurs when parents take turns staying in the family home. Rather than making the children travel back and forth between two households, the kids stay put and the parents trade off being in the home for their scheduled parenting time. This type of arrangement can help children cope with the divorce and alleviate some of the stress commonly associated with this major life transition.  

In the Children’s Best Interests

According to Illinois divorce law, spouses are allowed to come up with their own agreements in regard to financial and child-related issues, such as spousal support (alimony), parental responsibilities (child custody), and parenting time (visitation). These issues must be officially documented in what is called a parenting plan. In this legally binding document, any decisions made are outlined for both parties to follow once the divorce is final. 

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Arlington Heights divorce attorney parenting time

Figuring out how to co-parent after your Illinois divorce can be challenging to say the least, especially during a pandemic. Our way of life has changed dramatically since last March when many states issued stay-at-home orders to stop the spread of the highly contagious coronavirus. Non-essential businesses were closed, and students have been e-learning from their homes. Although employees in certain industries may also be able to work from home now, our new normal presents different challenges. For example, parents of younger children might have a hard time monitoring their online activities if they have to participate in teleconferences or Zoom video calls during the day for their jobs. With the upcoming holidays, kids will be on extended breaks from school, so that means divorced parents will likely have to figure out new co-parenting arrangements.   

Patience and Cooperation

Learning how to co-parent with an ex-spouse involves a willingness to compromise and be flexible. In some cases, if a child is exposed to someone who tests positive for COVID-19, he or she may have to quarantine at one parent’s house for 10-14 days. This can disrupt an original parenting time schedule. However, for everyone’s health and safety, both parents need to be cooperative and understanding when plans change. In Illinois divorce cases, transporting children between homes is considered “essential travel,” but everyone’s best interests should still be considered, too.  

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