Posted on in Divorce

Inverness uncontested divorce attorney

When facing a divorce, most generally want to get the process over with as soon as possible. Unfortunately, ending a marriage takes time. Some of the time waiting for your divorce to be finalized may be out of your control. However, there are some steps you can take to expedite the process. Below are some of the main factors that influence how long a divorce will take in Illinois:

The Residency Requirement and Waiting Period

To get divorced in Illinois, at least one spouse must live in the state for at least 90 days. If you and your spouse agree that irreconcilable differences have led to the irretrievable breakdown of your marriage, you can complete your divorce with no waiting period. If either spouse does not agree to the divorce, irreconcilable differences will be presumed if the two of you live “separate and apart” for at least six months prior to the date of the divorce judgment.

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Arlington Heights spousal maintenance attorney high net worth

Following a divorce, ex-spouses should be able to maintain the lifestyle they enjoyed during their marriage. When one spouse earns a large income, he or she may be required to pay spousal maintenance to his or her former partner. However, a maintenance award is not guaranteed, and this issue often results in contentious battles in divorces that involve a high net worth, particularly when one spouse has a high net worth and the other, on paper at least, does not. 

If you have stayed home to care for children, or if you have been trying to get an education while your spouse has earned the majority of the family’s income, you may be able to receive maintenance (formerly known as alimony) following your divorce. In order to ensure that you receive the spousal support you deserve, you will need to keep the following tips in mind: 

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Posted on in Divorce

Hoffman Estates divorce mediation lawyerWhen getting a divorce, most couples want to get the process over with as quickly and amicably as possible. This is why divorce mediation has become such a popular option today. During mediation, the two spouses sit down with a mediator and work together to come to an agreement on the terms of the divorce. The mediator does not represent either party or make any decisions; instead, he or she is simply a facilitator that encourages the couple to cooperate to resolve issues in a respectful and honest manner. 

There are many advantages to mediation. A couple can complete the process much more quickly than a litigated divorce that means significant savings as well; however, there are also some potential drawbacks to mediation. Before deciding to enter into the mediation process, you should be aware of these limitations. 

The Difficulty of Finding Assets

During a litigated divorce, your attorney has a number of means to determine the full extent and value of your marital assets. During the discovery phase, depositions, subpoenas or other methods may be used to obtain information from your spouse, and questions asked under oath must be answered honestly. This can ensure that all marital property will be discovered, and this process will reduce the possibility that your spouse will attempt to hide any assets from you. During mediation, these resources are not at your disposal. If your spouse is hiding any assets, you will be unlikely to uncover this information during mediation. 

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Inverness divorce attorney for substance abuseSadly, substance abuse is prevalent in the United States and is the cause of many divorces. When one spouse abuses drugs or alcohol, this can make life very difficult for the other spouse. A family may struggle financially because one spouse has used marital funds to buy drugs or alcohol, and the abusive behavior of an addict may cause other family members to fear for their safety. These are just two of the issues that may present themselves in a marriage involving an addicted spouse. 

Before filing for divorce, many people only focus on how different their lives will be once the divorce is finalized. However, it is just as important to realize how substance abuse can affect the divorce process. 

Child-Related Matters

A judge will certainly consider substance abuse problems when determining how to allocate parental responsibility (formerly known as child custody in Illinois). A judge’s main consideration is always what is in the best interests of the child. If a parent has a substance abuse problem, the judge may feel that he or she is not able to properly care for a child. In fact, when the abuse is significant, it could endanger the child. 

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Barrington family law attorney for unmarried couplesWhen relationship issues occur between celebrities or high-profile couples, many people may wonder how the issues these people experience, such as divorce, would play out in their own lives. This was illustrated recently when Brody Jenner and his girlfriend, Kaitlynn Carter, broke up one year after their unofficial wedding ceremony in Indonesia. Many people thought the two were legally married, and the unofficial status of their marriage was not revealed until they split. 

The fact that Jenner and Carter lived together for at least a year would make their union common law in several states. However, since Illinois does not recognize common law marriage, couples who live together in the state may not be recognized as a married couple. Prior to 1905, couples in Illinois could decide to get married without any formal documentation. Today, those in Illinois wishing to marry must meet two requirements: solemnization and registration.

Solemnization

Under Illinois law, marriages are valid if they involved solemnization, in which a ceremony or exchange of vows took place. A solemnization is valid even if the person performing it was not legally qualified to do so. That is, the person marrying the two people does not have to be ordained in any way, and as long as a reasonable person believed the solemnization was legal, it is considered valid in Illinois. 

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